Pollard in light of Missouri v. Frye, 10-444 and Lafler v. Cooper, 10-209

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  • March 22, 2012 3:07 am at 3:07 am #602610
    dullradiance
    Participant

    Earlier today, US Supreme Court Justice Kennedy said that criminal defense lawyers are now required to inform their clients of plea bargain offers, regardless of whether they think the client should accept them, and must give their clients good advice on whether to accept a plea bargain at all stages of prosecution. If they don’t, Kennedy said, they will run afoul of the Sixth Amendment right to assistance of counsel during criminal proceedings.

    Clearly in Pollards case, the advice wasn’t good since life without parole is not much of a plea offer. Life without parole is sometimes referred to as “death by incarceration”.

    March 22, 2012 3:47 am at 3:47 am #861737
    popa_bar_abba
    Participant

    1. I dunno that this means all prisoners in the country can now sue on these grounds.

    2. He was advised as to the deal. The prosecutors broke the deal.

    March 22, 2012 11:20 am at 11:20 am #861738
    dullradiance
    Participant

    (1) Not all prisoners. Over 90 percent. In the actual court decision Kennedy wrote “the simple reality that 97 percent of federal convictions and 94 percent of state convictions are the result of guilty pleas”.

    (2) He may have been advised, but his was advised poorly, i.e. did he know the government can break a deal. Was he advised that people outside the deal could effect the sentencing?

    March 22, 2012 1:53 pm at 1:53 pm #861739
    2scents
    Participant

    thats correct, all prisoners can now sue and request a new trial IF they can prove that their attorney did not inform them about a plea bargain.

    March 22, 2012 2:05 pm at 2:05 pm #861740
    yungerman1
    Participant

    pba- Is this pask ?? ????? ??

    March 22, 2012 3:49 pm at 3:49 pm #861742
    artchill
    Participant

    According to both Rule 11 C 1 A&C the Court may overrule prosecutor reccommendations and agreements. The Court is NOT bound by any brokered agreement.

    Pollard was given a plea agreement which the Court overruled. The plea agreement stipulates that the Court ruling is unable to be appealed. The agreement means he pleaded guilty and is essentially at the mercy of the Court.

    March 22, 2012 5:40 pm at 5:40 pm #861743
    dullradiance
    Participant

    Thank you artchill.

    If Pollard wasn’t advised of Rule 11 C 1 A&C then he “received constitutionally defective advice from counsel during plea bargain negotiations”.

    Of course the court ruled that if a defendant rejects a plea deal because of defective advice then a defendant is entitled to relief.

    In this case it is possible that Pollard accepted a plea deal based on defective advice.

    March 22, 2012 6:02 pm at 6:02 pm #861744
    artchill
    Participant

    No lawyer is crazy enough to guarantee that the plea bargain will be 100% accepted by the Court. This is any competent lawyer uses “legaleze” to ensure the client understands that past success is no guarantee for results in the case at hand.

    By all reports Pollard and the Feds came to a valid plea bargain. The prosecution did nothing to interfere or scuttle the deal. It was only through the personal intervention by an outside party made to the Court that caused the rejection of the agreement.

    Therefore, the recent ruling has no bearing on Pollard’s case.

    March 22, 2012 6:16 pm at 6:16 pm #861745
    A Heimishe Mom
    Participant

    I beleive that the deal that Pollard agreed to was more like guilty for 10 years. The judge did not take the recommended sentence, just the guilty part and then slammed him with life. Judges are not required to accept a plea agreement. It is a recommendation by the prosecutor.

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