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Plea Bargains that Waive Claims of Ineffective Assistance - Waiving Padilla and Fry
(Duquesne Law Review, 2013)
This essay addresses the growing use and enforcement of terms in plea agreements by which a defendant waives his right to attack his plea agreement on the basis of constitutionally deficient representation during negotiations ...
Lafler v. Cooper and AEDPA
(Yale Law Journal Online, 2012)
The Supreme Court in Missouri v. Frye1 and Lafler v. Cooper2 broke new ground by holding for the first time that a defendant’s right to the effective assistance of counsel under the Sixth Amendment can be violated by the ...
Enforcing Effective Assistance After Martinez
(Yale Law Journal, 2013)
This Essay argues that the Court’s effort to expand habeas review of ineffective assistance of counsel claims in Martinez v. Ryan will make little difference in either the enforcement of the right to the effective assistance ...