Apr. 3, 2012
Cooper and Frye: Ineffective assistance during plea bargaining
Plea offers are not required, but if one is made, it becomes a critical stage of the proceedings that demands effective assistance of council. By Daniel A. Saunders of Bingham McCutchen LLP
Daniel A. Saunders
Partner
Kasowitz Benson Torres LLP
Phone: (424) 288-7900
Email: dsaunders@kasowitz.com
UC Berkeley SOL; Berkeley CA
Daniel is a leading trial and appellate lawyer focusing on a variety of complex business litigation and white collar cases. He represents corporate and individual clients in a broad range of civil and criminal litigation and government, regulatory, and internal investigations, including for potential violations of the Foreign Corrupt Practices Act, Securities Exchange Act and False Claims Act. Mr. Saunders has tried more than 30 jury trials, and has briefed and/or argued more than 50 appeals before various U.S. Circuit Courts of Appeal.
In a pair of 5-4 decisions handed down on March 21, the U.S. Supreme Court held that the ineffective assistance of counsel standard of Strickland v. Washington, 466 U.S. 668 (1984), applies to situations in which a criminal defendant foregoes a favorable plea offer based on the deficient performance of defense counsel. In so ruling, the Court recognized the centrality of plea bargaining in the criminal justice system and extended the ...
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