Criminal
May 18, 2012
What is the best medicine in Lafler?
The Court settled whether a defendant could claim ineffective assistance of counsel for rejected pleas; the proper remedy, however, remains a mystery.
2nd Appellate District, Division 2
Brian M. Hoffstadt
Associate Justice, California Court of Appeal
UCLA School of Law, 1995
In Lafler v. Cooper, 132 S. Ct. 1376 (2012), the U.S. Supreme Court held that a criminal defendant could state a claim that his counsel provided ineffective assistance of counsel when the defendant rejected a pre-trial plea offer and proceeded to trial. Although precedent-setting for the U.S. Supreme Court, both the state Supreme Court and the 9th Circuit have recognized such claims for decades. See In re Alvernaz, 2 Cal.4th 924 (1992); United States v. Blaylock, 20 ...
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