Supreme Court Grant Certiorari in Arave v. Hoffman
This morning, the U.S. Supreme Court granted certiorari in Arave v. Hoffman (07-110). The case involves the rejection of a plea bargain that would have imposed life in prison instead of the death penalty upon Maxwell Hoffman upon allegedly faulty advice by defense counsel.
In addition to examining whether the U.S. Court of Appeals for the Ninth Circuit had properly concluded that a defense attorney had provided ineffective assistance of counsel when he (1) told his client to turn down a plea agreement (that would have avoided the death penalty) based upon incomplete research, and (2) did not press the state to prove its case because of a mistaken belief the state court not prove a first-degree murder charge, the Court added a third issue:
In addition to examining whether the U.S. Court of Appeals for the Ninth Circuit had properly concluded that a defense attorney had provided ineffective assistance of counsel when he (1) told his client to turn down a plea agreement (that would have avoided the death penalty) based upon incomplete research, and (2) did not press the state to prove its case because of a mistaken belief the state court not prove a first-degree murder charge, the Court added a third issue:
What, if any, remedy should be provided for ineffective assistance of counsel during plea bargain negotiations if the defendant was later convicted and sentenced pursuant to a fair trial?SCOTUSBlog describes the case as one in which the Court will "spell out the remedy that may be available for ineffective defense lawyer's efforts during plea bargaining, if the individual was later convicted at a fair trial."
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