Wednesday, March 21, 2012

Two new SCOTUS opinions for criminal defendants and attorneys

Ahh, the votes were tight:  5-4 in both opinions.  Just released are two opinions from SCOTUS that essentially widen a convicted defendant's rights to post-conviction relief.  If the defendant was not informed of a plea deal, or if the defendant can show that he (using he to mean all humans) refused the plea deal based on really bad advice from his lawyer, then the defendant might be entitled to PC relief based on ineffective assistance of counsel.  Oh yes.  The conservative justices authored catty dissents, as they are prone to do when they don't get their way.

Missouri v. Frye:  http://www.supremecourt.gov/opinions/11pdf/10-444.pdf

Lafler v. Cooper:  http://www.supremecourt.gov/opinions/11pdf/10-209.pdf



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