Daily Archives: Wednesday 27 February 2013

Legal News of the Day: SCOTUS to Rule on Faulty Plea Bargain Advice

On Monday, the United States Supreme Court granted certiorari in two cases.  In Burt v. Titlow, the court will consider ineffective counsel under the Antiterrorism and Effective Death Penalty Act of 1996.  Titlow received a logner sentence after rejecting a plea deal as advised by a new attorney she acquired at the beginning of trial proceedings.

Supreme Court

The other case granted certiorari by the Court is Kansas v. Cheever, which will look at whether a person’s Fifth Amendment right against self-incrimination is violated if a defendant proffers expert testimony to demonstrate that he lacked the requisite mental state at the time of the crime due to drug use and the prosecution offers the court-ordered mental evaluation of the defendant to rebut the testimony.