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Supreme Court Adopts Strickland Prejudice Standard for Rejected Plea Bargains
Loaded on Feb. 15, 2013
by Derek Gilna
published in Prison Legal News
February, 2013, page 24
The U.S. Supreme Court, in a 5-4 ruling, has extended Strickland guarantees of effective legal representation to defendants entering into plea bargains. According to Justice Anthony Kennedy, who delivered the majority opinion of the Court, “The reality is that plea bargains have become so central to the administration of the …
Filed under:
Guilty Pleas,
Attorneys,
Appointment of Counsel,
Attorney Misconduct,
Public Defenders,
Malpractice (Attorneys),
Habeas Corpus.
Locations:
Michigan,
Missouri.
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More from this issue:
- LaSalle Corrections: A Family-Run Prison Firm, by Matthew Clarke
- Tenth Circuit: Terrorism Prisoners Lack Liberty Interest in Transfer to ADX, by Derek Gilna
- From the Editor, by Paul Wright
- The Battle to Open Prisons to Journalists, by Jessica Pupovac
- Two Companies Acknowledge Exporting U.S. Prisoner-Made Goods to Canada, by David Reutter
- Reintroducing the Private Prison Information Act: An Interview, by Mel Motel
- GAO Examines How BOP Can Reduce Prisoners’ Time in Prison, by Derek Gilna
- In Memory of Jon E. Yount (1938-2012), by Peter Wagner
- Supreme Court Extends Qualified Immunity to Private Attorney
- U.S. Imprisons the Most Women, Tops International List
- Supreme Court Adopts Strickland Prejudice Standard for Rejected Plea Bargains, by Derek Gilna
- NY Federal Judge Deals Rare SHU Placement Defeat to BOP, by Derek Gilna
- Oregon Jail Guard Convicted of Assaulting Prisoner, Gets 30 Days in Jail
- Texas Court of Criminal Appeals Sets Aside Convictions Based on Actual Innocence, by Matthew Clarke
- The Collapse of American Criminal Justice, by William J. Stuntz (Belknap Press of Harvard University Press, 2011). 432 pages, $35.00, by Derek Gilna
- Illinois: Current Insurer Must Pay Wrongful Conviction Award after Exoneration
- Pay-to-Stay Jail Programs Growing
- Nevada DOC Audit: Doctors Work 5 Hours, Get Paid for 10
- Idaho Supreme Court Affirms Firing of PHS Medical Director
- Oregon Prosecutor’s Son Escapes Mandatory Prison Time for Sexual Assault
- Life After Murder: Five Men in Search of Redemption, by Nancy Mullane (Public Affairs Books, 2012). 384 pages, $26.99 (hard-cover), by John Dannenberg
- Former California Prison Guard Resentenced Following Assault Conviction
- Texas Supreme Court Rules Compensation Required in Schlup-type Innocence Cases, by Matthew Clarke
- FBI Loses Prisoner’s Property but Sovereign Immunity Foils Recovery, by Derek Gilna
- Supreme Court: No Bivens Actions for Federal Prisoners in Private Prison, by Matthew Clarke
- Pregnant Woman Suffers Needless Death in Oklahoma Jail, by Matthew Clarke
- Seventh Circuit Approves Illinois Prison’s Rejection of PDR and Drug Guide
- Alabama Law Meant to Ensure Transparency in Judicial Elections Not Enforced for 16 Years, by Derek Gilna
- Idaho DOC Settles 30-year-old Class-action Lawsuit
- New York Jail Profits from TV Ads, by Joe Watson
- Federal Prison Industries Contract Leads to Freeworld Job Losses
- California: Denial of Kosher Diet to Messianic Jew Violates RLUIPA
- New Hampshire: $450,000 Settlement in Suit Over Prisoner’s Opiate Detoxification Death
- Ohio Supreme Court Sides with Defendant in Sex Offender Registration Case, by Derek Gilna
- FCC Finally Moves on Wright Petition After Almost a Decade of Inaction
- TASER Liability Verdict Upheld, but Remittitur Granted
- New York Court Limits Costs to $.25 per Page for Prison Medical Records Requests
- Johnny Cash and His Prison Reform Campaign, by Danny Robins
- News in Brief
More from Derek Gilna:
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022
- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, Sept. 1, 2021
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, Sept. 1, 2021
- The Fight Over Cellphones in Prisons Rages On, Sept. 1, 2021
- District Court Extends Armstrong Order to Five Additional California Prisons, Sept. 1, 2021
- HRDC Settles Censorship Lawsuit with Johnson County, Kansas Jail for $50,000 and Policy Changes, Aug. 1, 2021
- Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop, July 15, 2021
- Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, June 15, 2021
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, April 15, 2021
- Mississippi Joins Illinois and Few Other States Prioritizing Vaccination of State Prisoners to Slow Spread of COVID-19, April 1, 2021
More from these topics:
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- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026. Limitations, Habeas Corpus, AEDPA, Failure to Preserve Challenge, Tolling of Statutes of Limitations and Laches.
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026. Administrative Exhaustion, Habeas Corpus, Bureau of Prisons Orders, Administrative Law/Remedies, Evidence - Integrity/Reliability of, Tolling of Statutes of Limitations and Laches, Federal Rules of Evidence, Statute of Limitations.
- Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, Aug. 1, 2026. Habeas Corpus, AEDPA, Effect of Vacatur.
- Retroactive Guideline Amendments: The Narrow Path to a Federal Sentence Reduction, July 1, 2026. Appointment of Counsel, Career Offenders, Mandatory Minimum Sentence, 18 U.S.C. § 3582(c)(2), Guideline Amendment/Variances and Retroactivity.
- Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026. Release and Reentry, Habeas Corpus, First Step Act, Community Confinement/Home Detention, Credits.
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- Oregon Supreme Court Announces Bright-Line Rule Requiring Dismissal Without Prejudice When State Fails to Appoint Counsel for Eligible Criminal Defendant Within 60 Days in Misdemeanor Cases or 90 Days in Felony Cases Post-Arraignment, March 1, 2026. Appointment of Counsel, Public Defenders, Indigent Defense, Constitution, state, Counsel - Right to.