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Lafler v. Cooper, 566 U.S. 156 (2012), was a United States Supreme Court case in which the Court clarified the Sixth Amendment standard for reversing convictions due to ineffective assistance of counsel during plea bargaining. The Court ruled that when a lawyer's ineffective assistance leads to the rejection of a plea agreement, a defendant is entitled to relief if the outcome of the plea process would have been different with competent advice. In such cases, the Court ruled that the Sixth Amendment requires the trial judge to exercise discretion to determine an appropriate remedy.
References
- ↑ Stephanos Bibas (July 2004). "Plea Bargaining outside the Shadow of Trial". Harvard Law Review. 117 (8): 2463–2547.
- ↑ Robert H. Mnookin and Lewis Kornhauser, "Bargaining in the Shadow of the Law: The Case of Divorce", Yale Law Journal, Vol. 88, No. 5, Dispute Resolution (Apr. 1979), pp. 950–997.
- ↑ Chen, Ming Hsu (2018). "Regulatory Rights: Civil Rights Agencies, Courts, and the Entrenchment of Language Rights". In Dodd, Lynda G. (ed.). The Rights Revolution Revisited: Institutional Perspectives on the Private Enforcement of Civil Rights in the U.S. Cambridge: Cambridge University Press. pp. 100–122. ISBN 9781316730713 . Retrieved 2 January 2021. See fn. 41 at p. 110.
- ↑ Tippett, Elizabeth C. (2021). "Bargaining in the Shadow of the Law: The Case for ADR as a Field of Study". In Schneider, Andrea Kupfer; Hinshaw, Art; Cole, Sarah Rudolph (eds.). Discussions in Dispute Resolution: The Foundational Articles. Oxford: Oxford University Press. pp. 9–12. ISBN 9780197513248 . Retrieved December 16, 2023.
- ↑ Mnookin, Robert (2021). "Bargaining in the Shadow of the Law Reassessed". In Schneider, Andrea Kupfer; Hinshaw, Art; Cole, Sarah Rudolph (eds.). Discussions in Dispute Resolution: The Foundational Articles. Oxford: Oxford University Press. pp. 22–26. ISBN 9780197513248 . Retrieved December 16, 2023.