Lafler v. Cooper
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Oct 31, 2011
|Mar 21, 2012||5-4||Kennedy||OT 2011|
Holding: Where counsel’s ineffective advice led to an offer’s rejection, and where the prejudice alleged is having to stand trial, a defendant must show that but for the ineffective advice, there is a reasonable probability that the plea offer would have been presented to the court, that the court would have accepted its terms, and that the conviction or sentence, or both, under the offer’s terms would have been less severe than under the actual judgment and sentence imposed.
Judgment: Vacated and remanded, 5-4, in an opinion by Justice Kennedy on March 21, 2012. Justice Scalia filed a dissenting opinion, in which Justice Thomas joined and in which Chief Justice Roberts joined as to all but Part IV. Justice Alito also filed a dissenting opinion.
- Opinion analysis: Expanding the right to effective counsel during the plea-bargaining process (Anthony Franze and Jeremy McLaughlin)
- Argument recap: Court searches for a principled remedy (Anthony Franze and Jeremy McLaughlin)
- Argument preview: Remedy for ineffective assistance of counsel during plea bargaining? (Anthony Franze and Jeremy McLaughlin)
- Academic round-up (Amanda Frost)
- Petition of the day (Conor McEvily)
Briefs and Documents
Merits Briefs for Petitioner
Amicus Briefs in Support of Petitioner
- Brief for Wayne County, Michigan
- Brief for the United States
- Brief for the Criminal Justice Legal Foundation and the National District Attorneys Association
- Brief for Connecticut and 26 Other States
Merits Briefs for Respondent
Amicus Briefs in Support of Respondent
- Brief of the National Association of Criminal Defense Lawyers Association et al.
- Brief for Center on the Administration of Criminal Law, New York University School of Law
- Brief for the American Bar Association