Does a counsel's failure to communicate to their client the government's plea offer constitute unreasonable conduct under prevailing professional standards?

MultiRegion, United States of America

The following excerpt is from Turner v. Calderon, 281 F.3d 851 (9th Cir. 2002):

In United States v. Blaylock, we held that counsel's "failure to communicate the government's plea offer to his client constitute[d] unreasonable conduct under prevailing professional standards." 20 F.3d 1458, 1466 (9th Cir.1994). Because in Blaylock's case the failure was prejudicial, we remanded for an evidentiary hearing to determine whether Blaylock would have accepted the plea offer. Id. at 1466-67. That Blaylock chose to proceed to trial did not discount the possibility of prejudice because Blaylock did not know about the plea offer. Id. at 1467. Furthermore, Blaylock stated at sentencing that he would have accepted the plea, particularly

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given the trial court's apparent willingness to grant a two-point reduction for acceptance of responsibility. Id.

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