Tagged: Guilty Plea Agreements

Lawyers Must Communicate Guilty Plea Offers to Clients

On November 5, 2014, the South Carolina Court of Appeals decided Bell v. State (Opinion No. 5277), holding that Bell’s lawyer was ineffective for not telling him about a guilty plea offer.  In his post-conviction relief (PCR) hearing, Bell testified that he would have pleaded guilty and not have taken a jury to trial, had […]

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Enforcing Guilty Plea Agreements

On February 5, 2014, the South Carolina Court of Appeals decided Smith v. State, holding that trial counsel was ineffective for not objecting when the prosecutor failed to honor the plea agreement. Smith, originally charged with murder, pleaded guilty to the lesser-included offense of voluntary manslaughter.  Under the plea agreement, the Solicitor was not supposed […]

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