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Criminal Procedure Keyed to Dressler
Missouri v. Frye
Citation:
566 U.S. 134, 132 S.Ct. 1399, 182 L.Ed.2d 379.Facts
In August of 2007, the defendant was charged with driving with a revoked license. Since he had three prior convictions for the same offense, he was charged with a felony and faced a maximum of four years in prison.
On November 15, the prosecutor sent a letter to the defendant’s counsel offering a choice of two plea bargains. The first was to plea guilty to the felony charge in exchange for the prosecutor recommending the defendant serve 10 days in jail. The second offer was to reduce the charge to a misdemeanor and, if the defendant pleaded guilty to it, to recommend a 90-day sentence. The letter stated both offers would expire on December 28. The defendant’s attorney did not advise him that the offers had been made, and the offers expired.
The defendant pleaded guilty with no underlying plea agreement. The state trial court accepted the defendant’s guilty plea and sentenced him to three years in prison.
The defendant filed for post-conviction relief in state court, arguing that his counsel’s failure to inform him of the prosecution’s plea offer denied him the effective assistance of counsel. He testified he would have entered a guilty plea to the misdemeanor had he known about the offer. The state court denied relief, but the Missouri Court of Appeals reversed, holding that the defendant met both of the requirements for showing a Sixth Amendment violation under Strickland.
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Topic Resources
Topic Outline
Sixth Amendment RightsTopic Refresher Course
The 6th AmendmentTopic Charts & Notes
Right To Counsel