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Supreme Court: Defendants Entitled to Adequate Assistance During Plea Bargaining

By Robert Plotkin and Kurt Wolfe
July 29, 2012

The U.S. Supreme Court recently held that the Sixth Amendment guarantees criminal defendants the effective assistance of counsel during the negotiation and consideration of plea offers. In companion cases Missouri v. Frye, 132 S. Ct. 1399; 182 L. Ed. 2d 379; 2012 U.S. LEXIS 2321, and Lafler v. Cooper, 132 S. Ct. 1376; 182 L. Ed. 2d 398; 2012 U.S. LEXIS 2322, both 5-4 decisions, Justice Anthony Kennedy examined defense counsel's role in the plea bargaining process, focusing on what is required of counsel in advising clients of proposed plea bargains, and in what circumstances counsel's advice constitutes ineffective assistance. These rulings are likely to impact complex business crimes matters, where plea negotiations often play a pivotal role in the prosecution.

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