The Supreme Court likes to act as if it can't be bothered with criminal matters. Well, Justices Ketanji Brown Jackson and Sonia Sotomayor have a little reminder. (via Deadline: Legal Blog)
is showing that, like Justice Sonia Sotomayor, she cares about criminal law issues that the rest of the court can’t be bothered to address.from the court’s refusal Tuesday to hear a case about plea bargaining and ineffective assistance of counsel., who wanted the court to hear his claim that he was denied effective counsel because his lawyer failed to initiate plea negotiations with prosecutors.
Jackson, a Biden appointee, noted in her dissent that lower courts appear to be split on the question, meaning it’s one that the Supreme Court could have resolved but chose not to. She said that the 11th Circuit Court of Appeals “gave short shrift” to Davis’ claim while applying “a bright-line rule that prejudice cannot be shown in the absence of a plea offer.”
Referring to Davis’ appeal, Jackson said, “This petition presents the Court with a clear opportunity to resolve a Circuit split regarding whether having an actual plea offer is an indispensable prerequisite to making the necessary showing of prejudice.” It’s unfortunate that at least four justices — the number required to grant review of a petition — aren’t willing to sort out these and other important criminal issues. But it’s heartening that Jackson, like Sotomayor, is willing to call her colleagues' — and our — attention to them.Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the Manhattan District Attorney’s Office and is the author of the forthcoming book “Bizarro” about the secret war on synthetic drugs.
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