Sharing plea offers

1. The Sixth Amendment right to effective assistance of counsel extends to the consideration of plea offers that lapse or are rejected. That right applies to “all ‘critical’ stages of the criminal proceedings.” Montejo v. Louisiana, 556 U. S. 778, 786. Hill v. Lockhart, 474 U. S. 52, established that Strickland’s two-part test governs ineffective - assistance claims in the plea bargain context. There, the defendant had alleged that his counsel had given him inadequate advice about his plea, but he failed to show that he would have proceeded to trial had he received the proper advice. 474 U. S., at 60. 2. As a general rule, defense counsel has the duty to communicate formal prosecution offers to accept a plea on terms and conditions that may be favorable to the accused. Any exceptions to this rule need not be addressed here, for the offer was a formal one with a fixed expiration date. Standards for prompt communication and consultation recommended by the American Bar Association and adopted by numerous state and federal courts, though not determinative, serve as important guides. The prosecution and trial courts may adopt measures to help ensure against late, frivolous, or fabricated claims. First, a formal offer’s terms and processing can be documented. 3. To show prejudice where a plea offer has lapsed or been rejected because of counsel’s deficient performance, defendants must demonstrate a reasonable probability both that they would have accepted the more favorable plea offer had they been afforded effective assistance of counsel and that the plea would have been entered without the prosecution’s canceling it or the trial court’s refusing to accept it, if they had the authority to exercise that discretion under state law. 4. 311 S. W. 3d 350, vacated and remanded.

Result

Vacated

The Court said the right to effective legal help covers offers that expire or are rejected, and lawyers generally must tell clients about formal offers. A defendant seeking relief must show a reasonable chance they would have accepted and that prosecutors or a court with authority under state law would have allowed the plea.

The case goes back to the lower court, which must apply the Court’s test to decide whether Frye qualifies for relief.