Can ineffective assistance of counsel result in a defendant's rejection of a plea offer?

MultiRegion, United States of America

The following excerpt is from U.S. v. Day, 285 F.3d 1167 (9th Cir. 2002):

An attorney's incompetent advice resulting in a defendant's rejection of a plea offer can constitute ineffective assistance of counsel. See United States v. Blaylock, 20 F.3d 1458, 1465-66 (9th Cir.1994). In Blaylock, the defendant's attorney failed to inform him of a plea offer made by the prosecutor, and the defendant went to trial. "[A]lthough Blaylock ... received a fair trial, he is not precluded from showing prejudice." Id. at 1466. The court found that Blaylock was prejudiced by his counsel's incompetence because the trial court would have been willing to grant Blaylock a reduction for acceptance of responsibility if he had accepted a plea offer prior to trial, but that the court refused to do so after trial. See id. at 1467.

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