David A. Perez

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Deal or No Deal? Remedying Ineffective Assistance of Counsel During Plea Bargaining

120 Yale L.J. 1532 (2011).  What happens when a defendant receives defective counsel during plea bargaining but subsequently receives a fair trial? This Note discusses three different approaches: no remedy, specific performance of the plea bargain, and a retrial. It argues that specific performance of the plea bargain violates various judicial and constitutional principles, while ordering no remedy at all...