Missouri v. Frye

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Questions

1. Can a defendant who validly pleads guilty assert a claim of ineffective assistance of counsel by alleging that, but for counsel's error in failing to communicate a plea offer, he would have pleaded guilty with more favorable terms?

Conclusions

1. Yes. In a 5-4 decision written by Justice Anthony Kennedy, the Court held that the Sixth Amendment requires defense attorneys to communicate formal plea offers from the prosecution. Justice Kennedy looked to Hill v. Lockhart and Padilla v. Kentucky ; in both cases, a prisoner claimed his guilty plea was invalid because counsel provided incorrect advice pertinent to the plea. While acknowledging that a defendant has no right to receive a plea offer, Justice Kennedy noted that the vast majority of both federal and state convictions are the result of guilty pleas. Justice Kennedy finally held that Frye must show a reasonable probability he would have accepted the initial plea and that neither the prosecution nor the trial court would have prevented the offer from being accepted or implemented.

   Justice Antonin Scalia, joined by Chief Justice John Roberts, Justice Clarence Thomas, and Justice Samuel Alito, dissented. Justice Scalia argued that Frye was not denied his constitutional right to a fair trial because counsel's mistake did not deprive him of any substantive or procedural right. He further questioned the speculative nature of the majority's tests for effective counsel in plea bargaining.