The Yale Law Journal

David A. Perez

Note

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

David A. Perez

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…