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MISSOURI v. FRYE

Docket No.: 10-444
Certiorari Granted: 01/07/11
Argued: October 31, 2011
Decided: 03/21/12

Topics:

Federal Rules of Criminal Procedure, Fourteenth Amendment, Miranda, Sixth Amendment, immigration, ineffective assistance of counsel

PartyNames: Missouri v. Galin E. Frye
Petitioner: Missouri
Respondent: Galin E. Frye

Court Below: Court of Appeals of Missouri, Western District
Citation: 311 S.W.3d 350

Missouri
v.
Galin E. Frye
Background:

BY THE PETITIONS THE PARTIES ARE DIRECTED TO BRIEF AND ARGUE THE FOLLOWING QUESTION: "WHAT REMEDY, IF ANY, SHOULD BE PROVIDED FOR INEFFECTIVE ASSISTANCE OF COUNSEL DURING PLEA BARGAIN NEGOTIATIONS IF THE DEFENDANT WAS LATER CONVICTED AND SENTENCED PURSUANT TO CONSTITUTIONALLY ADEQUATE PROCEDURES?"

Question Presented:

Contrary to the holding in Hill v. Lockhart, 474 U.S. 52 (985) - which held that a defendant must allege that, but for counsel's error, the defendant would have gone to trial - can a defendant who validly pleads guilty successfully assert a claim of ineffective assistance of counsel by alleging instead that, but for counsel's error in failing to communicate a plea offer, he would have pleaded guilty with more favorable terms?

Question:

Can a defendant who validly pleads guilty assert a claim of ineffective assistance of counsel by alleging that, but for counsel's error in failing to communicate a plea offer, he would have pleaded guilty with more favorable terms?

Note:

RYE IN ADDITION TO THE QUESTIONS PRESENTED BY THE PETITIONS THE PARTIES ARE DIRECTED TO BRIEF AND ARGUE THE FOLLOWING QUESTION: "WHAT REMEDY, IF ANY, SHOULD BE PROVIDED FOR INEFFECTIVE ASSISTANCE OF COUNSEL DURING PLEA BARGAIN NEGOTIATIONS IF THE DEFENDANT WAS LATER CONVICTED AND SENTENCED PURSUANT TO CONSTITUTIONALLY ADEQUATE PROCEDURES?

MISSOURI v. FRYE
ORAL ARGUMENT

10/31/11

Listen to Oral Argument in MISSOURI v. FRYE
Holding: VACATED AND REMANDED
Vote: 5-4
Majority: Kennedy,Ginsburg,Breyer,Sotomayor,Kagan
Dissenting: Scalia, Roberts, Chief Justice Roberts, Thomas, Alito
Opinion By:
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