|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.
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