the case of bell versus cone you may remember in 2002, eight justices on the court led but justice rehnquist said that it was likely or reasonably a strategic decision at the counsel for the sentencing portion of a capital trial to pout no witnesses and to not make a closing argument and in wood case justice sotomayor said it was reasonable for the trial court said it was not ineffective assistance of counsel. and an attorney who was on the bar for 5 months was responsible for the sentencing of the capital trial sentencing and failed to put on evidence so the landscape doesn't look great for these claims but the fact that the supreme court has taken so many and that they raise this issue from different perspectives, i think, seems particularly important. one set of cases that's two of them lafleur versus cooper and missouri versus frye raise the issue in the context of pleas. what happens when counsel does one of two things. either fails to convey to the defendant that the prosecutor made a plea offer? or so provides incorrect advice to the defendant as in lafleur versus cooper where the def

eight justices on the court led by justice rehnquist said that it was likely or reasonably or a strategic decision for counsel at the sentencing portion of a capital trial to put on no witnesses and to not make a closing argument. two years ago in wood versus allen justice sotomayor led the court in suggesting that it was reasonable for the trial court to determine that there was not ineffective assistance of counsel in a case in which an attorney who had only been admitted to the bar five months was handed the responsibility of the sentencing phase of a capital trial and failed to do any investigation or put on mitigating evidence that might have helped the defendant. so the landscape doesn't look great for these claims but the fact that the supreme court has taken so many and that they raise this issue from different perspectives, i think, seems particularly important. one set of cases that two of them lafleur versus cooper and missouri versus frye raise the issue the kept of plea. what happens when counsel does one of two things. either fails to convey to the defendant that the prosecu