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prejudice

Smith v. Cain (10-8145)

Oral argument: Nov. 8, 2011

Appealed from: Supreme Court of Louisiana (Sep. 24, 2010)

Petitioner Juan Smith was the sole person convicted of killing five people in a Louisiana home. His conviction was primarily based on the testimony of a witness, a survivor of the shooting, who identified Smith as one of the gunmen responsible for the crime. In subsequent applications for review, Smith contended that his trial was unfair because the prosecution intentionally suppressed material evidence. In this case, Smith argues that the suppression of that evidence constituted a violation of his constitutional due process rights; he supports this argument by seeking to show that the suppressed evidence undermines confidence in the jury’s verdict against him. While Smith insists that he is entitled to a new trial, Respondent Burl Cain, warden of the Louisiana State Penitentiary, insists that the evidence was neither material nor suppressed, thus opposing a new trial. This case may affect the standard to which a prosecutor is held with regard to disclosure of evidence.

Missouri v. Frye (10-444)

Oral argument: Oct. 31, 2011

Appealed from: Missouri Court of Appeals, Western District (Sept. 27, 2010)

After being charged with a felony for driving with a revoked license, Respondent Galin E. Frye was offered two plea bargain options: one, plead guilty to the felony with a recommended three years of imprisonment, or two, plead guilty to a misdemeanor with a recommended 90 days in jail. However, Frye’s counsel never informed him of the plea options, and he subsequently pled guilty to the original felony charge. Frye now appeals, arguing that his counsel’s failure to inform him of the plea bargain violated his Sixth Amendment right to effective assistance of counsel. The State of Missouri, as Petitioner, argues that Frye’s situation falls outside of Sixth Amendment protections, and that, even if he was wronged, there is no available remedy. The Supreme Court’s decision in this case will determine whether courts can relieve defendants convicted pursuant to constitutionally adequate procedures if their lawyer made an error during plea negotiations.

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