Rule 11 pg 96 Does this rule help

Statutory Requirements Tend to just reflect the constitutional minimums. Tend to focus on procedural

Padilla v. Kentucky As a prosecutor, does this case help you? How? As a

Missouri v. Frye As a prosecutor, does this case help you? How? As a

Lafler v. Cooper As a prosecutor, does this case help you? How? As a

Scalia’s dissents in Lafler & Frye What helps you as a prosecutor, if anything,

The rules surrounding plea bargaining: No right to a plea deal Plea should be

Plea bargaining is a “free market that sometimes resembles a Turkish Bazar” Stefanos Bibas

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Rule 11 (pg. 96) Does this rule help you as a prosecutor to determine what you can and cannot do in the plea negotiation process? Does it help you as a defense lawyer? What about Texas CCP (pg. 98)? Copyright © 2020 Carolina Academic Press, LLC. All rights reserved.

Statutory Requirements Tend to just reflect the constitutional minimums. Tend to focus on procedural issues. The admonitions and waiver of rights required for the guilty plea to be entered Ex: Federal Rule 11. Copyright © 2020 Carolina Academic Press, LLC. All rights reserved.

Scalia’s dissents in Lafler & Frye What helps you as a prosecutor, if anything, in these dissents? What helps the defense, if anything, in these dissents? Copyright © 2020 Carolina Academic Press, LLC. All rights reserved.

The rules surrounding plea bargaining: No right to a plea deal Plea should be voluntary and intelligent No tricks or physical coercion Prosecutor can’t refuse to stick to plea agreement after defendant entered guilty plea. (Santobello v. New York and Mabry v. Johnson) Right to effective assistance of counsel in counseling process: Immigration consequences (Padilla) Offer conveyed (Frye) Lawyer gets law right when advising client (Lafler) Discovery? Brady v. Maryland (exculpatory evidence) & U. S. v. Ruiz (impeachment evidence). Change in law in Texas—Michael Morton Act Copyright © 2020 Carolina Academic Press, LLC. All rights reserved.

The full set of 167 Power. Point slides is available upon adoption. If you are a professor using this book for a course, please contact Rachael Meier at remeier@cap-press. com to request your slides. Copyright © 2020 Carolina Academic Press, LLC. All rights reserved.