Is there any case law where a defendant was denied effective assistance of counsel because his trial counsel failed to communicate to him that a plea bargain offer under which he would have been permitted to plead guilty to voluntary manslaughter?

California, United States of America


The following excerpt is from Alvernaz, In re, 2 Cal.4th 924, 8 Cal.Rptr.2d 713, 830 P.2d 747 (Cal. 1992):

In Lloyd v. State (1988) 258 Ga. 645, 373 S.E.2d 1, the defendant, who had been convicted of murder, contended on appeal that she had been denied effective assistance of counsel by her trial counsel's failure to communicate to her a pretrial plea bargain offer under which she would have been permitted to plead guilty to voluntary manslaughter. Counsel admitted having failed to communicate the offer, explained his action was based upon his strong belief that his client ultimately would be acquitted, and implied that had he communicated the offer, he would have recommended that his client reject it.

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