Justices Say Defendants Who Get Bad Advice On Plea Bargains Deserve Relief

[Herb Cannabis]

I will apologize it some one has posted this already, no time to search now.

 

I saw this and thought about all of those (most recently the Duvals and Joel) whose lives have been destroyed because of our choices and hoped that it may offer someone out there hope.

 

Good luck friends.

 

http://www.cnn.com/2012/03/21/justice/scotus-plea-bargains/index.html

 

Justices say defendants who get bad advice on plea bargains deserve relief

 

By Bill Mears, CNN Supreme Court Producer

updated 1:18 PM EDT, Wed March 21, 2012

 

STORY HIGHLIGHTS

• Defense attorneys have a duty to give good advice on plea deals, the court rules
  
• They must do so to provide "the effective assistance the Constitution requires"
  
• In dissent, Justice Scalia calls the decision "absurd" and "unheard-of"
  

Washington (CNN) -- A deeply divided Supreme Court ruled Wednesday that criminal defendants who receive inadequate legal advice on pretrial plea bargains can have their sentences overturned, equating that with an unconstitutional and ineffective assistance of counsel.

The separate 5-4 decisions in a pair of cases from Michigan and Missouri will have a huge, immediate impact on the 97% of federal convictions and 94% of state convictions that stem from guilty pleas.

"This court now holds that, as a general rule, defense counsel has the duty to communicate formal offers from the prosecution to accept a plea on terms and conditions that may be favorable to the accused," said Justice Anthony Kennedy, joining four of his more liberal colleagues. "When the defense counsel allowed the offer to expire without advising the defendant or allowing him to consider it, defense counsel did not render the effective assistance the Constitution requires."

In a rare oral dissent delivered from the bench, Justice Antonin Scalia called the majority decision "absurd" and "unheard-of."

In unusual detail, the opinion lays out specific guidelines to defense counsel, saying they must relay plea bargain offers from the prosecution, regardless whether the lawyer believes them to be proper.

The case from Michigan involved Blaine Lafler, convicted of assault with intent to murder and other charges, after shooting and seriously wounding a woman.

The state twice offered to dismiss two of the charges, and recommended a reduced sentence in return for a guilty plea. Lafler claims he rejected the offers after his lawyer convinced him the prosecution could not prove the most serious charge. The defendant was convicted and received 185 to 360 months behind bars.

In Missouri, Galin Frye was charged with driving on a revoked license. Three previous convictions on the same charge meant he could be sentenced to up to four years in prison. Court records shows he was not told about two pretrial plea bargain offers that would have reduced his jail time.

A week before his preliminary court hearing, the man was again arrested on the same offense. With no deal on the table, he subsequently pleaded guilty and received three years imprisonment.

"There appears to be a reasonable probability Frye would have accepted the prosecutor's original offer of a plea bargain if the offer had been communicated to him," Kennedy said in his ruling, "because he pleaded guilty (later) to a more serious charge, with no promise of a sentencing recommendation from the prosecution."

Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan supported Kennedy, who again proved to be the "swing" vote for the majority.

Both cases were sent back to lower courts to sort out the new sentencing guidelines.

In his dissent, Scalia warned criminal defendants will now flood courts with new claims of bad legal representation.

"The court today embraces the sporting chance theory of criminal law, in which the state functions like a conscientious casino operator, giving each player a fair chance to beat the house, that is, serve less time than the law says he deserves," he said. "And when a player is excluded from the tables, his constitutional rights have been violated."

He added, "In today's cases, the court's zeal to bring perfection to everything requires the reversal of perfectly valid, eminently just convictions," Scalia said. "It is not wise; it is not right."

Chief Justice John Roberts and Justices Clarence Thomas and Samuel Alito joined all or part of the dissent.

The cases are Lafler v. Cooper (10-209) and Missouri v. Frye (10-444).

[Kingdiamond]

Most court appointed attorneys ive dealt with always told me to take the plea deal they just want you out of the way for the next client time is money to them which we all clearly understand but selling someone out in the name of the almighty dollar is wrong everone deserves the best defense possible not someone whos willing to play Monte Hall .

[Herb Cannabis]

These feckers have a job to do and it looks like SCOTUS has put them on notice. I think that the largest problems is that these young guns have big heads. It is time for them to come back to earth and do there sworn duty. My only question is can they be sued in court for cost and damages?

 

Btw, I have been following your case as much as possible for longer than I care to remember, how are you? I don't believe that I understand what happened to you at your hearing last month (I think, time flies when you are getting old). Would you care to refresh my memory?

[Kingdiamond]

These feckers have a job to do and it looks like SCOTUS has put them on notice. I think that the largest problems is that these young guns have big heads. It is time for them to come back to earth and do there sworn duty. My only question is can they be sued in court for cost and damages?

 

Btw, I have been following your case as much as possible for longer than I care to remember, how are you? I don't believe that I understand what happened to you at your hearing last month (I think, time flies when you are getting old). Would you care to refresh my memory?

 

Not me you must be thinking of Kingpin im clean and clear down in my bunker lol!

[+Malamute]

Thank goodness for liberal judges.

 

Bad people=

 

Antonin Scalia

Clarence Thomas

Samuel Alito

Chief Justice Roberts

 

 

If Obama loses the election, they will be he majority of the court. That should be enough to make some think twice.

[rhinoman]

ok what about when you do accept a plea bargin and plead guilty and they disregard it and through the book at you. then what do you do?

[t-pain]

its a nice obvious ruling. any bargains need to be told to the defendant.

 

but yeah. screw scalia, thomas, alito and roberts.

[t-pain]

ok what about when you do accept a plea bargin and plead guilty and they disregard it and through the book at you. then what do you do?

 

i think you just widthdrawl your plea, if that happens.

 

does this happen often? can you name any particular case?

i guess i've heard it happen once or twice. i havent been paying attention.

Edited October 13, 2012 by teethpain

[rhinoman]

well teethpain i'll keep that in mind when it happens to me again.

[AmishRnot4ganja]

Yahoo. Sanity is returned to the legal system. The judges who dissented obviously think that it is more important to have a fast (railroad) trial than a fair one. These are the same ones who think it is OK for them to accept favors from corporations. I really don't understand where these judges (the conservative ones) are coming from. They always complain about how the constitution should be interpreted literally and then when an issue like this comes up, where the constitution is very clear re: a defendants rights, they go all pissy and try to legislate from the bench.

 

VOTE LIBERAL IF YOU KNOW WHATS GOOD FOR YA.

[Kingdiamond]

i think you just widthdrawl your plea, if that happens.

 

does this happen often? can you name any particular case?

i guess i've heard it happen once or twice. i havent been paying attention.

 

Its up to the judge to allow your plea to be withdrawn i tried it the judge told me to appeal it if i like but he wasnt allowing me to withdraw my plea i took a plea bargain to a year in the jail for a probation violation on a dirty thc drop the judge tossed the plea bargain and gave me 3-10 years for my non violent property crime first offense.

[Herb Cannabis]

Not me you must be thinking of Kingpin im clean and clear down in my bunker lol!

 

Sorry, must have been medicated!

[t-pain]

well teethpain i'll keep that in mind when it happens to me again.

Its up to the judge to allow your plea to be withdrawn i tried it the judge told me to appeal it if i like but he wasnt allowing me to withdraw my plea i took a plea bargain to a year in the jail for a probation violation on a dirty thc drop the judge tossed the plea bargain and gave me 3-10 years for my non violent property crime first offense.

 

i'm so sorry to both of you. so many bad judges, you'd think the system would get better!

[rhinoman]

i'm so sorry to both of you. so many bad judges, you'd think the system would get better!

Teethpain, Lets face it the system prays on honest people.

[Celliach]

Most court appointed attorneys ive dealt with always told me to take the plea deal they just want you out of the way for the next client time is money to them which we all clearly understand but selling someone out in the name of the almighty dollar is wrong everone deserves the best defense possible not someone whos willing to play Monte Hall .

 

The PDs don't get paid that much for each client. I believe it's more about reducing caseload than it is about making money. Maybe one of the lawyers here could weigh in on this.

[phaquetoo]

ok what about when you do accept a plea bargin and plead guilty and they disregard it and through the book at you. then what do you do?

you have to fire the ct appt attny and hire one.i beleive if the ct appt attny dont as you say

you can get a mistrial.

 

Peace

Jim

Edited October 15, 2012 by phaquetoo

[rhinoman]

you have to fire the ct appt attny and hire one.i beleive if the ct appt attny dontdo as you say. you can get a mistriaj,

 

Peace

Jim

Yeah Jim a court appt atty would of probley done a better job than the douchebag i paid good money for. but anyhoo i'm over it . till next time hehehe.

[phaquetoo]

Yeah Jim a court appt atty would of probley done a better job than the douchebag i paid good money for. but anyhoo i'm over it . till next time hehehe.

 

In that case (having a paid for attny) when the judge asked me If I was promised anything to make me plead, I would have said yes! and told him what i was promised and said, your honor I need a new attny I feel this attny doesnt have my best interest at heart! ive done it a couple of times, sorry to hear about your situation!

 

Peace

Jim

[phaquetoo]

I got pulled over a few yrs back in roseville, I had some of my vicodens in my pocket, they searched me, they found my pills, the arrested me for the pills, they took me down stairs to the narco squad room and kept asking me where i got the pills from. I told them I have a back injury and they were just what i do for the day (in my pocket) they said b.s where did you get them from and who,,,so I told them I got them from 11 mile rd and harper, um i cant remember the guys name but he had on a white jacket and was working behind the drug store counter! they didnt believe me, they kept my van and gave me my speeding tickets and actualy made me bail out for the pills, I go thru the speeding tickest and its all done, a few months later i get a letter saying im do in the macomb county court on drug charges, I get a court appted attny, I try calling him for weeks before the court date, he never returns my calls, we meet at the prelim, he says what did you say to the probation dept, they want to give you 6 months! now my attny was like an hr and a half late, im sitting in court watching the judge give every one what the p.o dept recomended, so he starts to tell me what to say when the judge asks me questions, I stopped lilstening when he siad if she asks you if you under stand the charges,,,we get in front of the judge, she asks me if I under stand the charges, I say no, she says what dont you under stand, I pull out about 5 yrs worth of the pills they found on me, and say I dont under stand why im being prosecuted for having my own meds on me and whipp out this huge envelope with every scripst i was written ( i had to keep em for auto ins) she looks at the prosecuter and than my court appt attny and says did you know about this, they both looked at her stupid, she says I can not go thru with this today, she says mr ------ do you have anything to say, I say I need another attny i dont feel this one has my best interest at heart, she says we cant appt you another one but you can hire your own, i say I will hire my own, when i go with my own attny all charges were dropped the first day!

 

Peace

Jim