Ineffective Assistance of Counsel

By: Derek Hawkins//July 5, 2017//

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United States Supreme Court

Case Name: JAE LEE v. UNITED STATES

Case No.: 16-327

Focus: Ineffective Assistance of Counsel

Lee has demonstrated that he was prejudiced by his counsel’s erroneous advice.

When a defendant claims that his counsel’s deficient performance deprived him of a trial by causing him to accept a plea, the defendant can show prejudice by demonstrating a “reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.” Hill v. Lockhart, 474 U. S. 52, 59.

Reversed and remanded

Dissenting: Thomas, Alito

Concurring:

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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