Lafler v. Cooper
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 Anthony McLeod Kennedy on Mar 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
- 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
[##CERT-STAGE##]
Recommended Citation: Lafler v. Cooper, SCOTUSblog, https://www.scotusblog.com/cases/lafler-v-cooper/