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Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
10-209 | 6th Cir. | 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.
Merits Briefs for Petitioner
Amicus Briefs in Support of Petitioner
Merits Briefs for Respondent
Amicus Briefs in Support of Respondent
NEW: The Supreme Court will review the legality of Biden's student-debt relief plan. The justices will hear oral argument in February. In the meantime, the plan remains blocked as a result of lower-court rulings.
Bribery or lobbying?
Percoco v. United States in a TikTok minute.
JUST IN: For the second time in the past week, SCOTUS denies an emergency request to block the execution of Kevin Johnson. The execution is scheduled for tonight in Missouri. Sonia Sotomayor and Ketanji Brown Jackson dissent from the brief order allowing the execution to proceed.
Cecilia (Cissy) Suyat Marshall, the widow of Thurgood Marshall, died this morning at 94. Here is the court's announcement.
Cecilia (Cissy) Suyat Marshall, the widow of Thurgood Marshall, died this morning at 94. Here is the court's announcement.
BREAKING: The Supreme Court REJECTS Trump's bid to prevent the House Ways & Means Committee from obtaining his tax returns. No noted dissents.
The brief order may end years of litigation over the committee's efforts to review the tax records of Trump and his businesses.