By Najah Farley
On Wednesday, the Supreme Court of the United States issued two rulings that give criminal defendants “a constitutional right to a competent lawyer’s advice when deciding to accept a plea bargain.” Justice Kennedy, noting that over 90% of all criminal cases, both state and federal, end in plea bargains, Justice Kennedy stated that the negotiation of the plea bargain “is almost always the critical point for the defendant.”
This decision is clearly a huge decision for the criminal defense bar. It will potentially affect both current and future cases, because of the probable effect on habeas claims. For those convicted without having had adequate legal assistance during the plea bargaining process, there could be post-conviction relief.
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