The Yale Law Journal

David A. Perez


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…