PLEA BARGAINING / RIGHT TO EFFECTIVE ASSISTANCE

Question 1

effective assistance of counsel test (Strickland)

Answer 1

(1) objective deficiency + (2) reasonable probability of different outcome (prejudiced Δ)

Question 2

“different outcome” / general prejudice standard for pleas

Answer 2

reasonable probability Δ would’ve accepted plea with effective assistance + reasonable probability prosecution/court would not have canceled/rejected plea

Question 3

Hill prejudice standard (pleas)

Answer 3

Δ must show reasonable probability that but for counsel’s errors, Δ would not have pled guilty & would’ve gone to trial

Question 4

right to plea?

Answer 4

no right to plea & court does not have to accept plea

Question 5

Padilla rule (different from Lee rule)

Answer 5

defense counsel must advise non-citizen clients about deportation risks of guilty plea

Question 6

duty to communicate plea offers

Answer 6

defense counsel has duty to communicate formal offers from prosecution to accept pleas on terms & conditions that may be favorable to Δ

Question 7

prejudice standard: plea lapsed or rejected due to deficiency

Answer 7

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

Question 8

prejudice standard: defense counsel fails to communicate plea offer to Δ (Missouri v. Frye)

Answer 8

same as regular plea standard (reasonable probability of different outcome had Δ accepted plea + reasonable probability prosecutor/court would not cancelled/rejected plea)

Question 9

prejudice standard: deficiency results in rejection of plea offer & Δ convicted at trial (Lafler v. Cooper)

Answer 9

reasonable probability that 1) Δ would’ve accepted plea + 2) state would not have withdrawn plea + 3) court would’ve accepted plea + 4) conviction/sentence under plea terms less severe than those imposed

Question 10

Lee rule (other immigration case, fact of prejudice)

Answer 10

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

Question 11

Bordenkircher ruling (prosecutor threat to further indict if Δ refuses plea offer)

Answer 11

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

Question 12

Santobello ruling (new prosecutor breaches plea terms)

Answer 12

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

Question 13

McMann ruling (Δ pled guilty & later claimed plea motivated by coerced confession)

Answer 13

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

Question 14

Effect of guilty plea on defenses

Answer 14

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)

Question 15

Characteristics of valid guilty plea

Answer 15

voluntary, knowing, & intelligent (Brady v. US)

Question 16

Brady v. US rule

Answer 16

guilty plea not unconstitutionally compelled when Δ pleads guilty because they’d prefer a certain or probable lesser penalty to risk of greater penalty