Missouri v. Frye
Citation
566 U.S. 134 (2012)
Facts
Defense counsel failed to communicate two formal plea offers from the prosecution to Frye; both offers lapsed, Frye was later arrested again on a new charge, and ultimately pleaded guilty to a more serious offense carrying a greater sentence than either lapsed offer would have.
Issue
Whether defense counsel has a Sixth Amendment duty to communicate formal plea offers to the accused before they expire.
Holding
The Court held that defense counsel’s failure to communicate the formal plea offers to Frye constituted deficient performance under Strickland, and that the Sixth Amendment applies to the plea bargaining process.
Rule
Defense counsel has a duty to communicate formal plea offers to the accused before they expire; failure to do so may constitute ineffective assistance of counsel if the defendant demonstrates prejudice — that there is a reasonable probability the plea would have been accepted and entered.