PLEA BARGAINING / RIGHT TO EFFECTIVE ASSISTANCE Flashcards
Generally; plea bargaining
effective assistance of counsel test (Strickland)
(1) objective deficiency + (2) reasonable probability of different outcome (prejudiced Δ)
“different outcome” / general prejudice standard for pleas
reasonable probability Δ would’ve accepted plea with effective assistance + reasonable probability prosecution/court would not have canceled/rejected plea
Hill prejudice standard (pleas)
Δ must show reasonable probability that but for counsel’s errors, Δ would not have pled guilty & would’ve gone to trial
right to plea?
no right to plea & court does not have to accept plea
Padilla rule (different from Lee rule)
defense counsel must advise non-citizen clients about deportation risks of guilty plea
duty to communicate plea offers
defense counsel has duty to communicate formal offers from prosecution to accept pleas on terms & conditions that may be favorable to Δ
prejudice standard: plea lapsed or rejected due to deficiency
general prejudice standard for pleas + Δ must show reasonable probability end result of criminal process would’ve been more favorable through plea to lesser charger or shorter sentence
prejudice standard: defense counsel fails to communicate plea offer to Δ (Missouri v. Frye)
same as regular plea standard (reasonable probability of different outcome had Δ accepted plea + reasonable probability prosecutor/court would not cancelled/rejected plea)
prejudice standard: deficiency results in rejection of plea offer & Δ convicted at trial (Lafler v. Cooper)
reasonable probability that 1) Δ would’ve accepted plea + 2) state would not have withdrawn plea + 3) court would’ve accepted plea + 4) conviction/sentence under plea terms less severe than those imposed
Lee rule (other immigration case, fact of prejudice)
if acceptance of plea not related to trial outcome but some other consequence (e.g., deportation), Δ may show prejudice by providing evidence contemporaneous with acceptance of plea that Δ would’ve rejected plea if nto for erroneous advice of counsel
Bordenkircher ruling (prosecutor threat to further indict if Δ refuses plea offer)
Due Process Clause of 14th Amendment not violated when state prosecutor carries out threat made during plea negotaitions to reindict Δ on more serious charges (for which Δ is plainly subject to prosecution) if Δ refuses to accept plea for originally charged offense; not prosecutorial vindictiveness
Santobello ruling (new prosecutor breaches plea terms)
judgment against Δ vacated when new prosecutor failed to abide by plea agreement terms established by prior prosecutor & Δ; note: prosecutor can withdraw 1st plea offer & Δ who pled guilty to 2nd, worse plea offer later not entitled to enforce original offer
McMann ruling (Δ pled guilty & later claimed plea motivated by coerced confession)
an otherwise valid guilty plea cannot be impeached in collateral proceedings by assertions or proof that plea was motivated by prior coerced confession); court: Δ shouldn’t have pled guilty if Δ wanted to argue this
Effect of guilty plea on defenses
guilty plea may operate as forfeiture of all defenses except those that once raised can’t be cured (ex. a constitutional violation like right to speedy trial)
Characteristics of valid guilty plea
voluntary, knowing, & intelligent (Brady v. US)