Lafler v. Cooper

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Missouri v. Frye

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
10-209	6th Cir.	Oct 31, 2011 Tr.Aud.	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.

SCOTUSblog Coverage

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

Merits Briefs for Respondent

Brief for respondent Anthony Cooper

Amicus Briefs in Support of Respondent

Certiorari-stage documents

Petition for certiorari

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Argument analysis: Court worries that state trust tax may tax trust income that is never distributed to in-state beneficiary – Erin Scharff

Argument analysis: Spinning heads and swimming constitutional rights in debates over an accrual rule – Howard M. Wasserman
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- Sturgeon v. Frost Alaska’s Nation River is not public land; and like all non-public lands and navigable waters within Alaska’s national parks, it is exempt under the Alaska National Interest Lands Conservation Act from the National Park Service’s ordinary regulatory authority.
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- Barton v. Barr Whether a lawfully admitted permanent resident who is not seeking admission to the United States can be “render[ed] . . . inadmissible” for the purposes of the stop-time rule, 8 U.S.C. § 1229b(d)(1).
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
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Lafler v. Cooper

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Featured Posts

Relist Watch: The Muller Report – John Elwood

Argument analysis: Court worries that state trust tax may tax trust income that is never distributed to in-state beneficiary – Erin Scharff

Argument analysis: Spinning heads and swimming constitutional rights in debates over an accrual rule – Howard M. Wasserman

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