The U.S. Supreme Court extended the protections of the Sixth Amendment the right to assistance of counsel to plea bargaining. The court’s decision in two cases last month has far-reaching implications for the criminal justice system.
In Lafler v. Cooper, No. 10-209, the court was asked to review whether an attorney’s advice to his client to reject a favorable plea bargain based on the lawyer’s incorrect understanding of the law was ineffective assistance of counsel. In Missouri v. Frye, No. 10-444, the court reviewed whether counsel’s failure to disclose the terms of a favorable plea offer was a violation of the Sixth Amendment right to a fair trial.
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