Court reluctant on plea bargains after sentencing
Legal News Center
The Supreme Court seemed reluctant Monday to allow criminals to ask for a previously offered plea bargain after they've been sentenced, despite the inmates' claim of misconduct by their lawyers including neglecting to tell their clients that a deal had been offered.
Asking judges to go back and figure out on appeal whether a suspect would have taken a plea deal before a trial, whether a judge would have accepted it, whether a prosecutor would have withdrawn it or whether the negotiations would have fallen apart "is simply unworkable," said Justice Anthony Kennedy, who is often a tiebreaker votes on divisive issues.
The high court heard appeals from two different sets of prosecutors who had their cases overturned by appeals courts that said criminals were denied their Sixth Amendment effective "assistance of counsel" because of mistakes during plea negotiations. The Supreme Court has amplified that by saying that "counsel's representation must not fall below an objective standard of reasonableness" and that there must not be "a reasonable probability that, but for counsel's unprofessional errors, the result of the proceedings would have been different."
In the first case, Anthony Cooper's conviction for shooting a woman in the thigh and buttocks after missing a shot to her head was overturned by the 6th U.S. Circuit Court of Appeals in Cincinnati because his lawyer gave him bad advice. His lawyer told him not to take a plea offer that could have had him out of prison in four years, thinking that there could not be a finding that Cooper intended to murder his victim.
Related listings
-
High court reinstates 'shaken baby' conviction
Legal News Center 10/31/2011The Supreme Court has again reinstated the conviction of a California woman for shaking her 7-week-old grandson to death, a final ruling that ends a protracted dispute with the federal appeals court in San Francisco. The justices voted 6-3 Monday to ...
-
Appeals court overturns key Cape Wind clearance
Legal News Center 10/28/2011A federal appeals court has rejected the Federal Aviation Administration's ruling that the Cape Wind project's turbines present "no hazard" to aviation, overturning a vital clearance for the nation's first offshore wind farm. A decision Friday from t...
-
Hunger-striking prisoner fights force-feedings
Legal News Center 10/25/2011Attorneys for a British prisoner who lost more than 100 pounds during a hunger strike have asked Connecticut's Supreme Court to prevent prison officials from force-feeding him.The prisoner, William Coleman, stopped eating in September 2007 over claim...
New Rochelle, New York Personal Injury Lawyers
If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.