Missouri v. Frye

Linked with:

• Lafler v. Cooper

Holding: The Sixth Amendment right to effective assistance of counsel ex­tends to the consideration of plea offers that lapse or are rejected, and that right applies to “all ‘critical’ stages of the criminal proceedings.”

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Kennedy on March 21, 2012. Justice Scalia filed a dissenting opinion, which was joined by the Chief Justice and Justices Thomas and Alito.

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)

Briefs and Documents

Merits Briefs for the Petitioner

• Brief for petitioner State of Missouri
• Reply brief for petitioner State of Missouri

Amicus Briefs in Support of the Petitioner

• Brief for the United States
• Brief for Connecticut and 28 Other States

Merits Briefs for the Respondent

• Brief for respondent Galin E. Frye

Amicus Briefs in Support of the Respondent

• Brief of the Constitution Project
• 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

Certiorari-stage documents

• Opinion Below (Mo. Ct. App. W.D.)
• Brief in opposition
• Amicus brief for Connecticut and eleven other states

• Petition for certiorari
• Brief in opposition
• Petitioner’s reply