Legal Opinion
In Re Alvernaz
California Supreme Court
Decided June 22, 1992No. S022196PublishedCited by 231 opinions
1Opinion of the Court
Opinion
GEORGE, J.
In this case we must decide under what circumstances, if any, a criminal defendant who rejects an offered plea bargain prior to trial and thereafter is convicted and receives a sentence less favorable than the terms of the offer, may challenge that conviction and sentence on the ground of ineffective assistance of counsel in the decision to reject the offered plea bargain.
As we shall explain, we conclude, in conformity with the decisions of the federal and state courts that have addressed the issue, that when a defendant demonstrates that ineffective representation at the…
2Cases cited43 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Hill v. LockhartSupreme Court of the United States · 1985
- North Carolina v. AlfordSupreme Court of the United States · 1970
- Jones v. BarnesSupreme Court of the United States · 1983
- Santobello v. New YorkSupreme Court of the United States · 1971
38 more not listed; retrieve them via the Exa API.
3Cited by231 opinions
- Missouri v. FryeSupreme Court of the United States · 2012
- United States v. William Day, A/K/A William McNeilCourt of Appeals for the Third Circuit · 1992
- People v. DuvallCalifornia Supreme Court · 1995
- Jeffrey Welton Nunes v. G.A. Mueller, WardenCourt of Appeals for the Ninth Circuit · 2003
- United States v. VidalCourt of Appeals for the Ninth Circuit · 2007
226 more not listed; retrieve them via the Exa API.