Leach v. State

The failure to communicate a plea-agreement offer to a defendant has been held to constitute ineffective assistance of counsel. \JSee Riggins v. State, 329 Ark. 171, 946 S.W.2d 691 (1997). This is because “counsel has the duty to advise his client of an offer of a negotiated plea.” Elmore v. State, 285 Ark. 42, 44, 684 S.W.2d 263, 264 (1985) (per curiam). Although no plea had yet been offered to Leach, the affidavits submitted by Leach present that the State did ask Leach’s trial counsel if he was interested in a plea offer, and Leach has asserted that his trial counsel failed to convey the…