Lafler v. Cooper

Linked with:

• Missouri v. Frye

Holding: Where counsel’s ineffective advice led to an offer’s rejection, and where the prejudice alleged is having to stand trial, a defendant must show that but for the ineffective advice, there is a reasonable probability that the plea offer would have been presented to the court, that the court would have accepted its terms, and that the conviction or sentence, or both, under the offer’s terms would have been less severe than under the actual judgment and sentence imposed.

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Kennedy on March 21, 2012. Justice Scalia filed a dissenting opinion, in which Justice Thomas joined and in which Chief Justice Roberts joined as to all but Part IV. Justice Alito also filed a dissenting opinion.

Briefs and Documents

Merits Briefs for Petitioner

• Brief for petitioner Blaine Lafler
• Reply brief for petitioner Blaine Lafler

Amicus Briefs in Support of Petitioner

• Brief for Wayne County, Michigan
• Brief for the United States
• Brief for the Criminal Justice Legal Foundation and the National District Attorneys Association
• Brief for Connecticut and 26 Other States

Merits Briefs for Respondent

• Brief for respondent Anthony Cooper

Amicus Briefs in Support of Respondent

• Brief of the National Association of Criminal Defense Lawyers Association et al.
• Brief for Center on the Administration of Criminal Law, New York University School of Law
• Brief for the American Bar Association

Certiorari-stage documents

• Opinion Below (6th Circuit)
• Brief in opposition
• Petitioner's reply

• Petition for certiorari