The Government argued that Lee wouldn’t have gone to trial because he surely would have lost. But by going to trial, he had the slim chance of an acquittal. When Lee pleaded guilty, it all but guaranteed he would be deported. In Lee, the Court took yet another look at establishing prejudice after bad legal advice led to a guilty plea. 1958 (2017), the Court acknowledged that in some cases throwing a “Hail Mary” by going to trial might seem more rational than pleading guilty with a guaranteed losing outcome, like being deported. The Supreme Court has recently clarified that success may have nothing to do with the decision to go to trial. ![]() Whether you need to show that you would’ve won at trial to show prejudice under Hill is another matter. The Court found that Hill hadn’t shown a reasonable probability of a different outcome (i.e., “prejudice”) because he never alleged he would’ve gone to trial had he received correct advice from his lawyer about his parole eligibility before pleading guilty. Hill was the first Supreme Court case to apply Strickland in the guilty plea context ( Strickland involved IAC during trial). 52 (1985): “The defendant must show that there is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.” The prejudice showing required for this category of claims was announced by the U.S. The purpose of this column is to help you understand how to meet Strickland’s prejudice standard for whichever category your claim falls under.īy far, most IAC claims attacking the guilty plea will fall under the category where counsel’s bad advice induced the guilty plea. And under each category, the Strickland standard applies, but how to establish “prejudice” to meet that standard varies by category. ![]() There are three main categories of IAC in the guilty plea context: (1) bad advice to plead guilty, (2) bad advice to reject a plea offer, and (3) the failure to communicate a plea offer or option to plead. In this column, we’ll go over the showing required to establish prejudice in the different categories of IAC regarding guilty pleas. In my last column, we went over the general standard for showing ineffective assistance of counsel (“IAC”) in the guilty plea context under Strickland v. Share: Share on Twitter Share on Facebook Share on G+ Share with email
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