Monday, January 10, 2011

Supreme Court grants certiorari

The Supreme Court recently granted certiorari in two cases, neither of which developed in the Fourth Circuit, but which will require watching.  Thanks to Habeas Corpus Blog for the tip.

Lafler v. Cooper:  According to SCOTUSblog, here's the issue:
Whether a state habeas petitioner is entitled to relief when his counsel deficiently advises him to reject a favorable plea bargain but the defendant is later convicted and sentenced pursuant to a fair trial.
Missouri v. Frye:  According to SCOTUSblog, here's the issue:
Can a defendant who validly pleads guilty assert a claim of ineffective assistance of counsel by alleging that, but for counsel's error in failing to communicate a plea offer, he would have pleaded guilty with more favorable terms? What remedy, if any, should be provided for ineffective assistance of counsel during plea bargain negotiations if the defendant was later convicted and sentenced pursuant to constitutionally adequate procedures?

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