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Criminal Procedure Keyed to Dressler
Lafler v. Cooper
Citation:566 U.S. 156, 132 S.Ct. 1376, 182 L.Ed.2d 398.
The defendant pointed a gun toward Kali Mundy’s head and fired. The shot missed and Mundy fled, but the defendant followed and fired his gun repeatedly. Mundy was shot in her buttock, hip, and abdomen but survived the assault.
The defendant was charged with multiple crimes. On two occasions, the prosecution offered favorable plea deals. The defendant admitted guilt and expressed a willingness to accept. However, he later rejected both offers after his attorney convinced him that the prosecution would be unable to establish an intent to murder as Mundy had been shot below the waist. On the first day of trial, the prosecution offered a significantly less favorable plea, which the defendant also rejected. All parties agree the performance of defendant’s counsel was deficient when he advised the defendant to reject the plea offer on the grounds he could not be convicted at trial.
The defendant was convicted after the trial. He was sentenced to the mandatory minimum of 185 to 360 months’ imprisonment. He filed a petition for federal habeas relief, and the District Court ordered specific performance of the defendant’s original plea agreement.
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