This article first appeared in the St. Louis Beacon, Oct. 31, 2011 - Missouri Attorney General Chris Koster is in Washington this morning for an activity rare even for someone in his post. He is representing the state before the U.S. Supreme Court in a case with potentially major implications.
At issue is whether the U.S. Constitution's 6th Amendment includes a guarantee that criminal defendants will have effective assistance from their counsel.
According to Koster's office:
"In the case, Missouri vs. Frye, a defense attorney failed to inform his client -- who had been charged with repeatedly driving while his license was revoked -- of a plea offer by the prosecution. Soon after that offer expired, Mr. Frye was arrested again (for a fifth time) for driving while revoked. Later, Mr. Frye entered a guilty plea without the benefit of any plea offer, and the court sentenced him to three years in prison.
"The question before the court is whether a counsel's failure to communicate the plea offer prior to its expiration resulted in representation so substandard as to deny the defendant the constitutional rights afforded him under the 6th Amendment. "
Koster, a Democrat seeking re-election in 2012, will argue that Frye's conviction should stand and that he should not be allowed now to withdraw his guilty plea.
