Another case to watch is from the 6th Cir. with argument set for Halloween.
Lafler v. Cooper, No. 10-209.
Decision for 6th Cir. is 376 F. App`x 563.
Defendant charged with assault with intent to commit murder. Counsel advised him to reject plea offer b/c of a misunderstanding of Michigan law. Defendant rejected the offer. He was convicted as charged. (No trial error asserted.)
On habeas review, the 6th Cir. found that there was a reasonable probability that the defendant would have accepted the plea offer had he been properly advised. So his Sixth Amendment rights were violated. The writ was conditioned on the state once again offering the plea deal.
Questions presented are:
Whether a state habeas petitioner is entitled to relief when counsel deficiently advised him to reject a favorable plea deal, and defendant is later convicted after a fair trial.
What remedy, if any, should be provided for ineffective assistance of counsel during plea negotiations if a defendant is later convicted under constitutionally adequate procedures?
