Lafler v. Cooper

Posted by Tyler Hankinson in American Government - Laufenberg on Thursday, November 3, 2011 at 9:02 am

Issue:Whether a defendant seeking habeas is entitled to relief based on ineffective assistance of counsel where counsel’s deficient advice caused the defendant to reject a plea bargain in which the defendant had no vested right, and where the rejection did not deny the defendant a fair trial. (2) What remedy, if any, should be provided for ineffective assistance of counsel during plea bargain negotiations if the defendant was later convicted and sentenced pursuant to constitutionally adequate procedures.

What happened ?

Anthony Cooper was convicted of shooting a woman in the thigh and butt after missing a shot to her head. The U.S. Court of Appeals for the 6th Circuit overturned the conviction after Cooper claimed ineffective assistance of counsel. His lawyer told him not to take a plea offer, thinking that there could not be a finding that Cooper intended to murder his victim. But Cooper was convicted of assault with intent to murder and other charges. The appeals court said the incorrect advice equals unconstitutional ineffective assistance and ordered Cooper released. But Michigan officials argue that Cooper got a fair trial and that the verdict should not be thrown out because of his lawyer's mistake.

Relation to other cases:

Lafler v. Cooper’s case is related to the missouri v. Frye case the difference between the two cases is that the missouri v. frye case criminal defendant was not notified of the deal the prosecutors offered, received a harsher sentence and now wants an opportunity to gain the right his lawyer failed to notify him of.

What I think- I think that coopers case should be thrown out the window because he was not taught the lay of the courts but the lawyer new so therefore the blame should be on the lawyer.

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