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The Kelley Institute
Law of Lawyering
Supreme Court Review

Cases tagged as: bad faith

Holland v. Florida

130 S. Ct. 2549 (2010) (PDF)

Petitioner was convicted of murder and sentenced to death. His counsel failed to file a habeas petition within the one year limit even though he urged him to. Limitations period under 28 U.S.C.S. ยง 2244(d)(1) for filing federal habeas corpus petition held subject to equitable tolling; further factual consideration held required to determine whether allegedly unprofessional conduct of accused's counsel warranted equitable tolling.

Related tag(s): 2009 Term, academic amicus brief filed, attorney-client relationship, bad faith, decision in favor of academic amicus brief, equitable tolling, unprofessional conduct,

Lafler v. Cooper

132 S.Ct. 1376 (PDF)

In Lafler, the court had to decide whether bad advice from a lawyer during plea negotiations may impact a subsequent guilty verdict. The Court held that defendants are entitled to effective assistance of legal counsel during plea negotiations. According to the Court, the proper test for determining ineffective assistance of counsel is whether, absent the ineffective counsel, a defendant would have accepted an offered plea that was less severe than his eventual sentence, and the trial court would have accepted the terms of that plea.

Related tag(s): 2011 Term, ABA amicus brief filed, attorney-client relationship, bad faith, decision in favor of ABA amicus brief, ineffective assistance of counsel,

Missouri v. Frye

132 S.Ct. 1399 (2012) (PDF)

The question before the Court was whether bad advice from a lawyer during plea negotiations may impact a subsequent guilty verdict. The Court held that a guilty plea must be a voluntary expression of the defendant's choice, and a knowing and intelligent act done with sufficient awareness of the relevant circumstances and likely consequences. As a result, the defendant was prejudiced by counsel's deficient performance in failing to advise defendant of plea offers from state prosecutors before he plead guilty.

Related tag(s): 2011 Term, ABA amicus brief filed, attorney-client relationship, bad faith, decision in favor of ABA amicus brief, ineffective assistance of counsel,

Sebelius v. Cloer

2013 BL 131941 (U.S. May 20, 2013) (PDF)

The Court ruled unanimously that an untimely National Childhood Vaccine Injury Act claim may qualify for an award of attorney's fees if it is filed in good faith and there is a reasonable basis for the claim.

Related tag(s): 2012 Term, attorneys fees, bad faith,


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