lafler cooper argued october decided march respondent charged michigan law assault intent murder three offenses prosecution offered dismiss two charges recommend sentence two exchange guilty plea communication respondent admitted guilt expressed willingness accept offer rejected offer allegedly attorney convinced prosecution unable establish intent murder victim shot waist trial respondent convicted counts received mandatory minimum sentence subsequent hearing state trial rejected respondent claim attorney advice reject plea constituted ineffective assistance michigan appeals affirmed rejecting claim ground respondent knowingly intelligently turned plea offer chose go trial respondent renewed claim federal habeas finding state appellate unreasonably applied constitutional standards laid strickland washington hill lockhart district granted conditional writ ordered specific performance original plea offer sixth circuit affirmed applying strickland found counsel provided deficient performance advising respondent incorrect legal rule respondent suffered prejudice lost opportunity take favorable sentence offered plea held counsel ineffective advice led offer rejection prejudice alleged stand trial defendant must show ineffective advice reasonable probability plea offer presented accepted terms conviction sentence offer terms less severe actual judgment sentence imposed pp parties agree counsel performance deficient question apply strickland prejudice test ineffective assistance results rejection plea offer defendant convicted ensuing trial pp context strickland prejudice test requires defendant show reasonable possibility outcome plea process different competent advice sixth circuit federal appellate courts agreed strickland prejudice test rejected pleas adopted petitioner solicitor general propose narrow view strickland prejudice arise plea bargaining defendant later convicted fair trial reasoning unpersuasive first claim sixth amendment sole purpose protect right fair trial amendment actually requires effective assistance critical stages criminal proceeding including pretrial stages consistent right effective assistance appeal see halbert michigan right counsel sentencing see glover followed rigid rule otherwise fair trial remedies errors occurring trial instead inquired whether trial cured particular error issue see vasquez hillery second previously rejected petitioner argument lockhart fretwell modified strickland fretwell nix whiteside demonstrate unjust characterize likelihood different outcome legitimate williams taylor defendants receive windfall result application incorrect legal principle defense strategy outside law however respondent seeks relief counsel failure meet valid legal standard third petitioner seeks preserve conviction arguing sixth amendment purpose ensure conviction reliability argument fails comprehend full scope sixth amendment refuted precedent question fairness reliability trial processes preceded caused respondent lose benefits received counsel ineffective assistance furthermore reliable trial may foreclose relief counsel failed assert rights may altered outcome see kimmelman morrison petitioner position fair trial wipes clean ineffective assistance plea bargaining also ignores reality criminal justice today part system pleas system trials see missouri frye ante pp defendant shows ineffective assistance caused rejection plea leading severe sentence trial remedy must neutralize taint constitutional violation morrison must grant windfall defendant needlessly squander resources state properly invested criminal prosecution see mechanik sole advantage defendant received lesser sentence plea evidentiary hearing determine whether defendant accepted plea may exercise discretion determining whether defendant receive term offered plea sentence received trial something however resentencing based conviction trial may suffice offered guilty plea less serious counts ones defendant convicted trial mandatory sentence confines judge sentencing discretion circumstances proper remedy may require prosecution reoffer plea judge exercise discretion deciding whether vacate conviction trial accept plea leave conviction undisturbed either situation must weigh various factors suffices give two relevant considerations first may take account defendant earlier expressed willingness unwillingness accept responsibility actions second necessary decide constitutional rule judge required disregard information concerning crime discovered plea offer made petitioner argues implementing remedy open floodgates litigation defendants seeking unsettle convictions years courts recognized claims indication system overwhelmed defendants receiving windfalls result strategically timed strickland claims addition prosecution trial courts may adopt measures help ensure meritless claims see frye ante pp case arises antiterrorism effective death penalty act aedpa michigan appeals analysis respondent claim contrary clearly established federal law aedpa presents bar relief respondent satisfied strickland test parties concede fact deficient performance respondent shown performance reasonable probability trial accepted guilty plea addition result accepting plea convicted trial received minimum sentence times greater received plea remedy district ordered specific performance plea agreement correct remedy order state reoffer plea respondent accepts offer state trial exercise discretion determining whether vacate respondent convictions resentence pursuant plea agreement vacate convictions resentence accordingly leave conviction sentence resulting trial undisturbed pp fed appx vacated remanded kennedy delivered opinion ginsburg breyer sotomayor kagan joined scalia filed dissenting opinion thomas joined roberts joined part iv alito filed dissenting opinion opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press blaine lafler petitioner anthony cooper writ certiorari appeals sixth circuit march justice kennedy delivered opinion case missouri frye ante also decided today criminal defendant seeks remedy inadequate assistance counsel caused nonacceptance plea offer proceedings led less favorable outcome frye defense counsel inform defendant plea offer offer lapsed defendant still pleaded guilty severe terms favorable plea offer reported client advice counsel rejected frye later guilty plea plea offer rejected full fair trial jury guilty verdict defendant received sentence harsher offered rejected plea bargain instant case comes concession counsel advice respect plea offer fell standard adequate assistance counsel guaranteed sixth amendment applicable fourteenth amendment evening march respondent pointed gun toward kali mundy head fired record unclear respondent trial suggested might acted either defense another person event shot missed mundy fled respondent followed pursuit firing repeatedly mundy shot buttock hip abdomen survived assault respondent charged michigan law assault intent murder possession firearm felon possession firearm commission felony misdemeanor possession marijuana habitual offender two occasions prosecution offered dismiss two charges recommend sentence months two exchange guilty plea communication respondent admitted guilt expressed willingness accept offer respondent however later rejected offer occasions allegedly attorney convinced prosecution unable establish intent murder mundy shot waist first day trial prosecution offered significantly less favorable plea deal respondent rejected trial respondent convicted counts received mandatory minimum sentence months imprisonment ginther hearing state trial see people ginther respondent argued attorney advice reject plea constituted ineffective assistance trial judge rejected claim michigan appeals affirmed people cooper wl mar per curiam app pet cert michigan appeals rejected claim ineffective assistance counsel ground respondent knowingly intelligently rejected two plea offers chose go trial michigan denied respondent application leave file appeal people cooper table respondent filed petition federal habeas relief renewing claim finding required antiterrorism effective death penalty act aedpa michigan appeals unreasonably applied constitutional standards effective assistance counsel laid strickland washington hill lockhart district granted conditional writ cooper lafler wl ed mar app pet cert remedy violation district ordered specific performance respondent original plea agreement minimum sentence range months app pet cert appeals sixth circuit affirmed fed appx finding ven full deference aedpa salvage state decision applying strickland appeals found respondent attorney provided deficient performance informing respondent incorrect legal rule fed respondent suffered prejudice lost opportunity plead guilty receive lower sentence offered granted certiorari ii defendants sixth amendment right counsel right extends process frye ante see also padilla kentucky slip hill supra plea negotiations defendants entitled effective assistance competent counsel mcmann richardson hill held strickland washington test applies challenges guilty pleas based ineffective assistance counsel performance prong strickland requires defendant show counsel representation fell objective standard reasonableness quoting strickland case parties agree performance respondent counsel deficient advised respondent reject plea offer grounds convicted trial light concession unnecessary explore issue question apply strickland prejudice test ineffective assistance results rejection plea offer defendant convicted ensuing trial establish strickland prejudice defendant must show reasonable probability counsel unprofessional errors result proceeding different context pleas defendant must show outcome plea process different competent advice see frye ante noting strickland inquiry applied advice respect plea bargains turns whether result proceeding quoting strickland supra see also hill requirement focuses whether counsel constitutionally ineffective performance affected outcome plea process hill evaluating petitioner claim ineffective assistance led improvident acceptance guilty plea required petitioner show reasonable probability counsel errors defendant pleaded guilty insisted going trial ibid contrast hill ineffective advice led offer acceptance rejection stand trial choosing waive prejudice alleged circumstances defendant must show ineffective advice counsel reasonable probability plea offer presented defendant accepted plea prosecution withdrawn light intervening circumstances accepted terms conviction sentence offer terms less severe judgment sentence fact imposed appeals sixth circuit agreed test strickland prejudice context rejected plea bargain consistent test adopted applied appellate courts without demonstrated difficulties systemic disruptions see fed see also rodriguez rodriguez per curiam gordon per curiam day beckham wainwright julian bartley wanatee ault nunes mueller williams jones per curiam gaviria cadc per curiam petitioner solicitor general propose different far narrow view sixth amendment contend finding strickland prejudice arising plea bargaining defendant later convicted fair trial three reasons petitioner solicitor general offer approach unpersuasive first petitioner solicitor general claim sole purpose sixth amendment protect right fair trial errors trial argue cognizable sixth amendment unless affect fairness trial see brief petitioner brief amicus curiae sixth amendment however narrow reach cf frye ante holding defendant show prejudice strickland even absent showing deficient performance precluded going trial sixth amendment requires effective assistance counsel critical stages criminal proceeding protections designed simply protect trial even though counsel absence stages may derogate accused right fair trial wade constitutional guarantee applies pretrial critical stages part whole course criminal proceeding proceeding defendants presumed make critical decisions without counsel advice consistent rule defendants right effective assistance counsel appeal even though way characterized part trial see halbert michigan evitts lucey precedents also establish exists right counsel sentencing noncapital see glover mempa rhay capital cases see wiggins smith even though sentencing concern defendant guilt innocence ineffective assistance counsel sentencing hearing result strickland prejudice amount additional jail time sixth amendment significance glover supra moreover followed rigid rule otherwise fair trial remedies errors occurring trial inquired instead whether trial cured particular error issue thus vasquez hillery deliberate exclusion grand jury prejudicial defendant may tried charges brought properly constituted grand jury see ballard dismissing indictment returned grand jury women excluded see also stirone reversing defendant conviction jury may based verdict acts charged indictment contrast mechanik error violation grand jury rule meant ensure probable cause existed believe defendant guilty subsequent trial resulting verdict guilt cured error see instant case respondent went trial rather accept plea deal conceded result ineffective assistance plea negotiation process respondent received severe sentence trial one times severe likely received pleading guilty far curing error trial caused injury error even trial free constitutional flaw defendant goes trial instead taking favorable plea may prejudiced either conviction serious counts imposition severe sentence second petitioner claims refined strickland prejudice analysis fretwell add additional requirement defendant show ineffective assistance counsel led denied substantive procedural right brief petitioner rejected argument fretwell modified strickland see williams taylor virginia erred holding decision lockhart fretwell modified way supplanted rule set strickland see also glover supra explained last term williams holding lockhart supplant strickland analysis fretwell show strickland prejudice resulting attorney failure object use sentencing factor eighth circuit erroneously temporarily found impermissible fretwell objection upon claim premised meritless fretwell demonstrate error entitling relief case presented unusual circumstance defendant attempts demonstrate prejudice based considerations matter law inform inquiry ibid concurring see also ibid recognizing determinative question whether reasonable probability counsel unprofessional errors result proceeding different remains unchanged internal quotation marks citation omitted reason defendant show prejudice based counsel refusal present perjured testimony even testimony might affected outcome case see nix whiteside holding first counsel refusal present perjured testimony breached professional duty second establish prejudice strickland fretwell nix instructive demonstrate also situations unjust characterize likelihood different outcome legitimate williams supra defendants receive windfall result application incorrect legal principle defense strategy outside law however injured client seeks relief counsel failure meet valid legal standard counsel refusal violate maintains absent ineffective counsel accepted plea offer sentence prosecution evidently deemed consistent sound administration criminal justice favorable sentence eluded defendant criminal proceeding appears sentence others position received ordinary course absent failings counsel see bibas regulating market caveat emptor consumer protection cal rev expected sentence imposed percent cases like sticker price cars ignorant consumer view full price norm anything less bargain see also frye ante plea bargain offered defendant right effective assistance counsel considering whether accept right denied prejudice shown loss plea opportunity led trial resulting conviction serious charges imposition severe sentence course true defendants right offered plea federal right judge accept frye ante circumstances beside point plea offer made plea deal accepted defendant rejected judge issue raised simply arise much reasoning guides cases find criminal defendants right effective assistance counsel direct appeals even though constitution require provide system appellate review see evitts see also douglas california cases hen state opts act field action significant discretionary elements must nonetheless act accord dictates constitution evitts supra third petitioner seeks preserve conviction obtained state arguing purpose sixth amendment ensure reliability conviction following trial brief petitioner argument fails comprehend full scope sixth amendment protections refuted precedent strickland recognized benchmark judging claim ineffectiveness must whether counsel conduct undermined proper functioning adversarial process trial relied produced result goal result divorced reliability conviction see cronic question fairness reliability trial fairness regularity processes preceded caused defendant lose benefits received ordinary course counsel ineffective assistance instances furthermore reliable trial foreclose relief counsel failed assert rights may altered outcome kimmelman morrison held attorney failure timely move suppress evidence trial grounds federal habeas relief rejected suggestion failure make timely request exclusion illegally seized evidence basis sixth amendment violation evidence reliable often probative information bearing guilt innocence defendant quoting stone powell constitutional rights criminal defendants observed granted innocent guilty alike consequently decline hold either guarantee effective assistance counsel belongs solely innocent attaches matters affecting determination actual guilt logic applies fact respondent guilty mean entitled sixth amendment effective assistance suffered prejudice attorney deficient performance plea bargaining end petitioner three arguments amount one general contention fair trial wipes clean deficient performance defense counsel plea bargaining position ignores reality criminal justice today part system pleas system trials percent federal convictions percent state convictions result guilty pleas see frye ante explained frye right adequate assistance counsel defined enforced without taking account central role plea bargaining plays securing convictions determining sentences ibid insufficient simply point guarantee fair trial backstop inoculates errors pretrial process even defendant shows ineffective assistance counsel caused rejection plea leading trial severe sentence question constitutes appropriate remedy question must addressed sixth amendment remedies tailored injury suffered constitutional violation unnecessarily infringe competing interests morrison thus remedy must neutralize taint constitutional violation time grant windfall defendant needlessly squander considerable resources state properly invested criminal prosecution see mechanik reversal conviction entails substantial social costs forces jurors witnesses courts prosecution defendants expend time energy resources repeat trial already taken place victims may asked relive disturbing experiences specific injury suffered defendants decline plea offer result ineffective assistance counsel receive greater sentence result trial come least one two forms cases sole advantage defendant received plea lesser sentence typically case charges admitted part plea bargain charges defendant convicted trial situation may conduct evidentiary hearing determine whether defendant shown reasonable probability counsel errors accepted plea showing made may exercise discretion determining whether defendant receive term imprisonment government offered plea sentence received trial something situations may resentencing alone full redress constitutional injury example offer guilty plea count counts less serious ones defendant convicted trial mandatory sentence confines judge sentencing discretion trial resentencing based conviction trial may suffice see williams riggs fairman circumstances proper exercise discretion remedy constitutional injury may require prosecution reoffer plea proposal occurred judge exercise discretion deciding whether vacate conviction trial accept plea leave conviction undisturbed implementing remedy situations trial must weigh various factors boundaries proper discretion need defined principles elaborated time decisions state federal courts statutes rules serve give complete guidance factors bear upon exercise judge discretion point however suffices note two considerations relevance first may take account defendant earlier expressed willingness unwillingness accept responsibility actions second necessary decide constitutional rule judge required prescind say disregard information concerning crime discovered plea offer made time continuum makes difficult restore defendant prosecution precise positions occupied prior rejection plea offer baseline consulted finding remedy require prosecution incur expense conducting new trial petitioner argues implementing remedy open floodgates litigation defendants seeking unsettle convictions see brief petitioner petitioner concern misplaced courts recognized claims sort years see supra yet indication system overwhelmed types suits defendants receiving windfalls result strategically timed strickland claims see also padilla slip confronted similar concern hill flood follow decision wake addition prosecution trial courts may adopt measures help ensure late frivolous fabricated claims later less advantageous plea offer accepted trial leading conviction frye ante see also ibid listing procedures currently used various help ensure meritless claims iii standards ineffective assistance counsel defendant rejects plea offer goes trial must applied case respondent brings federal collateral challenge conviction aedpa federal may grant petition writ habeas corpus unless state adjudication merits contrary involved unreasonable application clearly established federal law determined decision contrary clearly established law state applies rule contradicts governing law set forth cases williams taylor opinion appeals sixth circuit determine whether michigan appeals addressed respondent claim decided even whether correct legal rule identified fed state decision may quite opaque appeals sixth circuit thought yet federal correct note aedpa present bar granting respondent relief michigan appeals identified respondent claim failed apply strickland assess rather applying strickland state simply found respondent rejection plea knowing voluntary cooper wl app pet cert inquiry whether rejection plea knowing voluntary however correct means address claim ineffective assistance counsel see hill applying strickland assess claim ineffective assistance counsel arising plea negotiation process stating incorrect standard moreover state made irrelevant observation counsel performance trial mischaracterized respondent claim complaint attorney obtain favorable plea bargain failing apply strickland assess claim respondent raised state adjudication contrary clearly established federal law circumstance federal courts habeas action determine principles necessary grant relief see panetti quarterman respondent satisfied strickland test regarding performance perhaps accepted unclear whether respondent counsel believed respondent convicted assault intent murder matter law shots hit mundy waist whether simply thought persuasive argument make jury show lack specific intent appeals sixth circuit suggested erroneous strategic prediction outcome trial necessarily deficient performance however fact deficient performance conceded parties case comes us assumption need address question prejudice respondent shown counsel deficient performance reasonable probability trial accepted guilty plea see fed addition result accepting plea convicted trial respondent received minimum sentence times greater received plea standard ineffective assistance strickland thus satisfied remedy district ordered specific performance original plea agreement correct remedy circumstances however order state reoffer plea agreement presuming respondent accepts offer state trial exercise discretion determining whether vacate convictions resentence respondent pursuant plea agreement vacate convictions resentence respondent accordingly leave convictions sentence trial undisturbed see rule plea agreement terms provide defendant plea made exchange specific sentence disposition prosecutorial sentence recommendation may reject agreement today decision leaves open trial best exercise discretion circumstances case judgment appeals sixth circuit vacated case remanded proceedings consistent opinion ordered scalia dissenting blaine lafler petitioner anthony cooper writ certiorari appeals sixth circuit march justice scalia justice thomas joins chief justice joins part iv dissenting plea bargain offered defendant right effective assistance counsel considering whether accept right denied prejudice shown loss plea opportunity led trial resulting conviction serious charges imposition severe sentence ante inquiry becomes define duty responsibilities defense counsel plea bargain process difficult question bargaining nature defined substantial degree personal style case presents neither necessity occasion define duties defense counsel respects missouri frye ante words companion case today opens whole new field constitutionalized criminal procedure law ordinary criminal process become long expensive unpredictable small part consequence intricate federal code criminal procedure imposed pursuit perfect justice see friendly bill rights code criminal procedure cal rev moves bring perfection alternative prosecutors defendants sought relief today opinions deal two aspects counsel inadequacy leave aspects knows might worked constitutional litigation burden criminal process foolish think constitutional rules governing counsel behavior followed rules governing prosecution behavior process today announces criminal justice system frye ante quoting approvingly scott stuntz plea bargaining contract yale hereinafter scott constitutional example prosecution withdraw plea offer already accepted withdraw offer defense adequate time consider accept make plea offer even though case weak thereby excluding defendant criminal justice system anthony cooper received full fair trial found guilty charges unanimous jury given sentence law prescribed nonetheless concludes cooper entitled sort habeas corpus relief perhaps attorney allegedly incompetent advice regarding plea offer caused receive full fair trial conclusion foreclosed precedents even foreclosed constitutional right effective establishes least new rule law undermine michigan appeals decision therefore serve basis habeas relief remedy announces namely whatever state trial discretion prescribes including remedy quite absurd violation constitutional right respectfully dissent case companion missouri frye ante raise relatively straightforward questions scope right effective assistance counsel case law originally derived right due process clause guarantee fair trial see seminal case strickland washington located right within sixth amendment notes ante right counsel begin trial extends stage prosecution formal informal counsel absence might derogate accused right fair trial wade applying principle held entry guilty plea whether misdemeanor felony charge ranks stage right counsel adheres iowa tovar see also hill lockhart follows acceptance plea offer critical stage nothing point observation padilla kentucky slip negotiation plea bargain critical phase litigation purposes sixth amendment right effective assistance counsel defendant padilla accepted plea bargain pleaded guilty abandoning right fair trial entitled advice competent counsel never held rule articulated padilla tovar hill extends aspects plea negotiations requiring advice competent counsel defendant accepts plea bargain pleads guilty also advice competent counsel defendant rejects plea bargain stands constitutional right fair trial latter vast departure past cases protecting constitutionally prescribed right fair adjudication guilt punishment judicially invented right effective plea bargaining also apparent strickland bad plea bargaining nothing ineffective assistance counsel constitutional sense strickland explained giving meaning requirement effective assistance must take purpose ensure fair trial guide since right effective assistance counsel recognized sake effect ability accused receive fair trial cronic benchmark inquiry evaluating claim ineffective assistance whether counsel performance undermined proper functioning adversarial process failed produce reliably result strickland strickland requirement prejudice consists right effective assistance purpose assurance fair trial right infringed unless counsel mistakes call question basic justice defendant conviction sentence today entirely clear defendant must show counsel errors serious deprive defendant fair trial trial whose result reliable see also supra impairment fair trial distinguish unfortunate attorney error error constitutional sure strickland stated rule thumb measuring prejudice applied blindly context support holding today defendant must show reasonable probability counsel unprofessional errors result proceeding different strickland cautioned however test applied mechanical fashion courts divert ultimate focus fundamental fairness proceeding whose result challenged today followed course lockhart fretwell deficient performance issue failure counsel defendant sentenced death make objection produced sentence life imprisonment instead objection fully supported circuit law sentencing compelled sustain producing life sentence principles double jeopardy likely make final see stevens dissenting bullington missouri time fretwell claim came us however circuit law overruled light one cases determined prejudice analysis focusing solely mere outcome determination without attention whether result proceeding fundamentally unfair unreliable defective fretwell counsel error deprive defendant substantive procedural right law entitles defendant sentencing proceeding fair result reliable even though counsel error may affected outcome williams taylor explained even though fretwell mechanically apply test prejudice reasoning perfectly consistent strickland fretwell counsel deprived substantive procedural right law entitled precedents leave doubt answer question presented observes criminal defendant right plea bargain ante constitutional right plea bargain prosecutor need prefers go trial weatherford bursey counsel mistakes case thus deprive defendant substantive procedural right law entitles williams supra far beside point ante critical correct application precedents like fretwell case concerns unusual circumstance defendant attempts demonstrate prejudice based considerations matter law inform inquiry concurring claims might denied right law simply recognize strickland fretwell williams instruct pure test relies erroneous measure cognizable prejudice ignoring strickland ultimate focus fundamental fairness proceeding whose result challenged lost forest trees leading accept previously rejected novel argument constitutional rights infringed trying defendant rather accepting plea guilty weatherford supra ii novelty alone second independent reason decision wrong case arises federal habeas hence governed antiterrorism effective death penalty act aedpa since acknowledges michigan appeals adjudicated cooper claim merits aedpa bars federal courts granting habeas relief unless decision contrary involved unreasonable application clearly established federal law determined yet concludes bar relief failing apply strickland assess claim respondent raised state adjudication contrary clearly established federal law ante relevant portion michigan appeals decision reads follows establish ineffective assistance defendant must demonstrate counsel performance fell objective standard reasonableness counsel representation prejudiced defendant deprived fair trial respect prejudice aspect test defendant must demonstrate reasonable probability counsel errors result proceedings different attendant proceedings fundamentally unfair unreliable defendant challenges trial finding ginther hearing defense counsel provided effective assistance defendant plea bargaining process contends defense counsel failed convey benefits plea offer ignored desire plead guilty failures led reject plea offer wishes accept however record shows defendant knowingly intelligently rejected two plea offers chose go trial record fails support defendant contentions defense counsel representation ineffective rejected defense based claim obtain favorable plea bargain defendant people cooper mar app pet cert wl per curiam citations omitted first paragraph far ignoring strickland recites standard good deal accuracy opinion second paragraph presumably application standard recited first says defendant knowingly intelligently rejected two plea offers chose go trial regarded denial anything fundamentally unfair cooper conviction sentence strickland prejudice shown hand entire second paragraph regarded contention cooper claims inadequate representation unsupported record state analysis admittedly model clarity federal habeas corpus guard extreme malfunctions state criminal justice systems license penalize state technique harrington richter slip internal quotation marks omitted readiness find error michigan opinion inconsistent presumption state courts know follow law woodford visciotti per curiam presumption borne state recitation correct legal standard since ambiguous whether state holding based lack prejudice rather factual determination deficient performance provide relief aedpa must conclude holdings unreasonable applications clearly established law see premo moore slip first impossible since never held defendant cooper position establish strickland prejudice sixth circuit thus violated aedpa granting habeas relief iii impossible conclude discussion today extraordinary opinion without commenting upon remedy provides unconstitutional conviction remedy american jurisprudence willing bet jurisprudence country requires michigan reoffer plea agreement rejected bad advice counsel ante indeed powerful fact cooper acceptance reoffered agreement conclusive astoundingly state trial exercise discretion determining whether vacate convictions resentence respondent pursuant plea agreement vacate convictions resentence respondent accordingly leave convictions sentence trial undisturbed ibid emphasis added one might ask require reoffer plea agreement acceptance defendant district finds necessary element supposedly strickland prejudice cooper accepted original offer thereby avoided trial conviction skip minuet simply leave discretion state trial remedy shall answer course camouflage trial courts regularly accept reject plea agreements seems nothing extraordinary accepting rejecting new one mandated today decision acceptance rejection plea agreement status whatever constitution worlds apart discretionary specification remedy unconstitutional criminal conviction sure asserts factors bear upon presumably limit exercise discretion factors prepared specify full much less assign determinative weight principles elaborated time decisions state federal courts statutes rules rosy view sort ante find extraordinary statutes rules specify remedy criminal defendant unconstitutional conviction remedy unconstitutional conviction ever subject trial judge discretion finally remedy ever include remedy suspect squeamishness fashioning remedy incoherence comes attributable realization deep real constitutional violation anyway defendant fairly tried lawfully convicted properly sentenced remedy provided nothing undo results fair adversarial process iv many perhaps countries world plea bargaining forbidden cases serious one even purpose obtaining testimony enables conviction greater malefactor much less purpose sparing expense trial see world plea bargaining thaman ed europe many countries adhere aptly call legality principle requiring prosecutors charge prosecutable offenses typically incompatible practice see xxii langbein land without plea bargaining germans rev describing legalitätsprinzip rule compulsory prosecution germany system reflects admirable belief law law break pay penalty provided plea bargaining today regarded necessary evil presents grave risks prosecutorial overcharging effectively compels innocent defendant avoid massive risk pleading guilty lesser offense guilty defendants often perhaps usually results sentence well law prescribes actual crime even accept plea bargaining many believe without long expensive process criminal trial sustain burden imposed system criminal justice grind halt see alschuler plea bargaining history colum rev today however elevates plea bargaining necessary evil constitutional entitlement longer somewhat embarrassing adjunct criminal justice system rather announces companion case one criminal justice system frye ante quoting approvingly scott thus even though doubt respondent guilty offense charged even though received exorbitant gold standard american justice criminal trial innumerable constitutional statutory limitations upon evidence prosecution bring forward michigan requirement unanimous guilty verdict impartial jurors says conviction invalid deprived constitutional entitlement less saddened outcome case says attitude toward criminal justice today embraces theory criminal law state functions like conscientious giving player fair chance beat house serve less time law says deserves player excluded tables constitutional rights violated subscribe theory one least justices today decision upends decades cases violates federal statute opens whole new boutique constitutional jurisprudence law without even specifying remedies boutique offers result present case undoing adjudicatory process worked exactly supposed released felon anthony cooper shot repeatedly gravely injured woman named kali mundy tried convicted crimes jury peers given punishment michigan elected representatives deemed appropriate nothing result unfair unconstitutional contrary wonderfully infinitely superior today opinion affords constitutional status respectfully dissent alito dissenting blaine lafler petitioner anthony cooper writ certiorari appeals sixth circuit march justice alito dissenting reasons set parts ii justice scalia dissent holding case misapplies case law violates requirements antiterrorism effective death penalty act respondent received trial free identified constitutional error result basis concluding respondent suffered prejudice certainly granting habeas relief weakness analysis highlighted opaque discussion remedy appropriate plea offer rejected due defective legal representation defendant sixth amendment rights violated deficient legal advice favorable plea offer causes opportunity bargain lost logical remedy give defendant benefit favorable deal remedy cause serious injustice many instances believe tacitly recognizes therefore eschews logical remedy relies lower courts exercise sound discretion determining done time tell works part finds unnecessary define boundaries proper discretion today opinion ante view requiring prosecution renew old plea offer represent abuse discretion least two circumstances first important new information defendant culpability comes light offer rejected second rejection plea offer results substantial expenditure scarce prosecutorial judicial resources lower judges must implement today holding may hope way mitigates potential produce unjust results depend judges come rescue interpretation sixth amendment right counsel unsound therefore respectfully dissent footnotes rather addressing constitutional origins right effective counsel responds broader claim raised one sole purpose sixth amendment protect right fair trial ante emphasis added cf brief amicus curiae arguing purpose sixth amendment right counsel secure fair trial emphasis added brief petitioner destroy straw man cites cases violations rights right effective counsel perplexingly even rights found outside sixth amendment constitution entirely cured subsequent trial vasquez hillery violation equal protection grand jury selection ballard violation statutory scheme providing women serve juries stirone violation fifth amendment right indictment grand jury unlike right effective counsel showing prejudice required make violations rights issue vasquez ballard stirone complete see vasquez supra iscrimination grand jury undermines structural integrity criminal tribunal amenable review ballard supra eversible error depend showing prejudice individual case stirone supra deprivation basic right far serious treated nothing variance dismissed harmless error cases thus irrelevant question presented whether defendant establish prejudice strickland washington conceding fairness conviction sentence appeal kimmelman morrison cited ante contradict principle case predated fretwell williams considered whether holding fourth amendment claims fully litigated state raised federal habeas extended sixth amendment claims ineffective assistance counsel principal allegation manifestation inadequate representation counsel failure file timely motion suppress evidence allegedly obtained violation fourth amendment negative answer question nothing issue parties kimmelman raised question whether admission illegally seized reliable evidence ever constitute strickland question similar one presented therefore address powell concurring judgment see also kimmelman made clear however answer question determined essence claim counsel unprofessional errors upset adversarial balance defense prosecution trial rendered unfair verdict rendered suspect emphasis added habeas petitioners prove strickland denied fair trial granted writ emphasis added short kimmelman relevance prove opinion wrong see people cooks lafave israel king kerr criminal procedure ed supp