Missouri, Petitioner v. Galin E. Frye (566 U.S. 134)
U.S. Supreme Court · decided March 21, 2012 · Supreme Court Database (Spaeth)
- Citation
- 566 U.S. 134 · 132 S. Ct. 1399
- Docket
- No. 10-444
- Argued
- October 31, 2011
- Decided
- March 21, 2012
- Term
- October Term 2011
- Vote
- 5–4
- Majority author
- Justice Kennedy
- Issue area
- Civil Rights
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
How the Justices voted
- Majority
- Justice Kennedy (wrote), Justice Ginsburg, Justice Breyer, Justice Sotomayor, Justice Kagan
- Dissenting
- Chief Justice Roberts, Justice Scalia (wrote), Justice Thomas, Justice Alito
Oral argument transcript and advocates · Opinion on Justia
Opinion excerpt
Justice Kennedy delivered the opinion of the Court. The Sixth Amendment, applicable to the States by the terms of the Fourteenth Amendment, provides that the accused shall have the assistance of counsel in all criminal prosecutions. The right to counsel is the right to effective assistance of counsel. See Strickland v. Washington, 466 U. S. 668, 686 (1984). This case arises in the context of claimed ineffective assistance that led to the lapse of a prosecution offer of a plea bargain, a proposal that offered terms more lenient than the terms of the guilty plea entered later. The initial question is whether the constitutional right to counsel extends to the negotiation and consideration of plea offers that lapse or are rejected. If there is a right to effective assistance with respect to those offers, a further question is what a defendant must demonstrate in order to show that prejudice resulted from counsel’s deficient performance. Other questions relating to ineffective assistance with respect to plea offers, including the question of proper remedies, are considered in a second case decided today. See Lafler v. Cooper, post, at 162-175. HH In August 2007, respondent Galin Frye was charged with driving with a revoked license. Frye had been convicted for that offense on three other occasions, so the State of Missouri charged him with a class D felony, which carries a maximum…
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