tag:blogger.com,1999:blog-4250349349740454919.post3971990822725296296..comments2023-11-05T07:47:51.275-05:00Comments on Criminal Law Practitioner Blog: Lafler v. Cooper: SCOTUS Extends the Constitutional Right of Effective Assistance of CounselCriminal Law Brief Bloghttp://www.blogger.com/profile/06222228757094786628noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-4250349349740454919.post-68417975530213336762012-05-05T16:47:02.748-04:002012-05-05T16:47:02.748-04:00Cooper was the one charged not lafler..Cooper was the one charged not lafler..Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4250349349740454919.post-51692538537401915102012-04-02T14:34:05.884-04:002012-04-02T14:34:05.884-04:00Amanda, I completely agree with your conflicted re...Amanda, I completely agree with your conflicted reaction to the Court's decision. On one hand it's refreshing to see a ruling that would seem to implicate greater protections for criminal defendants. On the other hand, we see the Court giving lower courts a great deal of discretion when a violation occurs in determining whether to reinstate the original plea offer or to adopt the sentence from the trial court. I think this broad power bestowed upon lower court judges to determine sentences probably reflects the compromise that took place between the Supreme Court Justices when deciding the case, especially since this ended up a 5-4 decision. Given the compromise, I too am skeptical of the actual effects this decision will have on the criminal justice system as a whole.A. Eachohttp://www.blogger.com/profile/05025957096372323515noreply@blogger.comtag:blogger.com,1999:blog-4250349349740454919.post-65031215486631531242012-04-01T14:49:15.716-04:002012-04-01T14:49:15.716-04:00I find the implications on how differently state a...I find the implications on how differently state and federal courts handle procedural matters particularly interesting in this case. The procedural history indicates that all levels of the Michigan courts were unwilling to compromise for a poor, black defendant. However, federal courts seemed to more readily recall that evidence is intended to be read in the light most favorable to the defendant, no matter his social background. I wonder what this ruling will do for poor, uneducated defendants who don't necessarily receive the best representation available. Hopefully it represents a new age of understanding in the courtroom; however, I can't help but wonder if it will make any significant difference in how individual jurisdictions will rule on identical cases.Amanda Giglionoreply@blogger.com