Top court to decide Idaho death penalty case

[Eugene]

Source: Reuters

Top court to decide Idaho death penalty case
Mon Nov 5, 2007 11:59am EST

By James Vicini

WASHINGTON (Reuters) - The U.S. Supreme Court said on
Monday it would decide a death penalty case from an Idaho
inmate who says he received ineffective legal advice when
his lawyer urged him to reject a plea deal that would have
avoided the death penalty.

A U.S. appeals court overturned the death sentence for
Maxwell Hoffman because his attorney during plea
negotiations based his advice on incomplete research and
his recommendation exposed Hoffman to much risk in
exchange for little benefit.

Hoffman's lawyer urged him to reject a plea offer, partly
basing his advice on the mistaken belief that the Idaho
death penalty law would be declared unconstitutional.

-snip-

The Supreme Court said it would decide what relief should
be given to a defendant for ineffective assistance of
counsel during plea bargaining negotiations if the defendant
was later convicted and sentenced under a fair trial.

-snip-

Read more: http://www.reuters.com/article/domesticNews/idUSN0527697820071105