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Plea Bargains that Waive Claims of Ineffective Assistance - Waiving Padilla and Fry

dc.contributor.authorKing, Nancy J., 1958-
dc.identifier.citation51 Duquesne Law Review 647 (2013)en_US
dc.descriptionarticle published in law reviewen_US
dc.description.abstractThis 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 leading to the agreement. Contrary to other commentators and some courts, I argue that the Constitution does not forbid the enforcement of such a waiver, and review steps a judge may have to take in order to ensure that a defendant’s express waiver of the right to effective representation during plea bargaining is knowing and voluntary. I also argue that although the Constitution does not prohibit judges from enforcing broad waivers of the right to attack a plea-based conviction on the basis of poor representation during bargaining, routine adoption and enforcement of such terms would be unwise, and suggest several strategies to avoid this result.en_US
dc.format.extent1 PDF (27 pages)en_US
dc.publisherDuquesne Law Reviewen_US
dc.subjectPlea agreementsen_US
dc.subjectDeficient representationen_US
dc.subjectEffective representationen_US
dc.subject.lcshPlea bargaining -- United Statesen_US
dc.subject.lcshLawyers -- Malpractice -- United Statesen_US
dc.subject.lcshRight to counsel -- United Statesen_US
dc.subject.lcshAppellate procedure -- United Statesen_US
dc.subject.lcshWaiver of appeal -- United Statesen_US
dc.subject.lcshConstitutional law -- United Statesen_US
dc.titlePlea Bargains that Waive Claims of Ineffective Assistance - Waiving Padilla and Fryen_US

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