U.S. Supreme Court Finds Ineffective Assistance Caused Defendant to Go to Trial

Defendant was offerred a deal for a guilty plea with a sentence of a little over 4 years in the Michigan State Court System, with the dismissal of 3 of 4 counts.  Defendant pled guilty and was awaiting sentence.  His attorney informed him that he could overcome the burden of guilt at trial and pursuaded the defendant to go to trial after the defendant had entered his guilty plea.  Defendant withdrew his plea and opted to go to trial.  The jury returned guilty findings on all counts and defendant was sentenced in excess of 12 years.  Defendant argued that his attorney was ineffective, that had it not been for attorney’s ineffectiveness he would not have withdrawn his guilty plea and that the outcome would have been different.  The United States Supreme Court agreed and determined that the remedy was for the State to reoffer the original plea.  See the entire decision at: Lafler v. Cooper, 10-209