October 23, 2012


Questions Presented

Anthony Cooper faced assault with intent to murder charges. His counsel advised him to
reject a plea offer based on a misunderstanding of Michigan law. Cooper rejected the
offer, and he was convicted as charged. Cooper does not assert that any error occurred
at the trial. On habeas review, the Sixth Circuit found that because there is a
reasonable probability that Cooper would have accepted the plea offer had he been
adequately advised, his Sixth Amendment rights were violated. The writ was
conditioned on Michigan re┬Čoffering the plea agreement. The question presented is: Is
a state habeas petitioner entitled to relief where his counsel deficiently advises him to
reject a favorable plea bargain but the defendant is later convicted and sentenced
pursuant to a fair trial?

Merit Briefs

Amicus Briefs