October Term 2011 · Docket 10-209
Does a rejected plea bargain require a new trial if counsel gave bad advice?
Anthony Cooper claims his lawyer gave bad advice. He now serves a longer sentence than the rejected deal offered.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
Cooper's lawyer argued the bad advice caused a much longer prison term.
The state's lawyer argued the trial itself was fair and reliable.
The state's lawyer argued a new trial is the standard remedy for bad advice.
Justice Kagan questioned why a longer sentence is not a different outcome.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 10, lines 27-31 — Transcript, file page 10, lines 27-31
- Official Supreme Court Transcript — file page 10, lines 43-47 — Transcript, file page 10, lines 43-47
- Official Supreme Court Transcript — file page 18, lines 29-1 — Transcript, file page 18, lines 29-1
- Official Supreme Court Transcript — file page 28, lines 31-43 — Transcript, file page 28, lines 31-43
- Official Supreme Court Transcript — file page 3, lines 17-37 — Transcript, file page 3, lines 17-37
- Official Supreme Court Transcript — file page 3, lines 39-1 — Transcript, file page 3, lines 39-1
- Official Supreme Court Transcript — file page 3, lines 7-15 — Transcript, file page 3, lines 7-15
- Official Supreme Court Transcript — file page 4, lines 33-41 — Transcript, file page 4, lines 33-41
- Official Supreme Court Transcript — file page 5, lines 19-35 — Transcript, file page 5, lines 19-35
- Official Supreme Court Transcript — file page 5, lines 39-41 — Transcript, file page 5, lines 39-41
- Official Supreme Court Transcript — file page 58, lines 37-49 — Transcript, file page 58, lines 37-49
- Official Supreme Court Transcript — file page 6, lines 29-35 — Transcript, file page 6, lines 29-35
- Official Supreme Court Transcript — file page 6, lines 51-13 — Transcript, file page 6, lines 51-13
- Official Supreme Court Transcript — file page 60, lines 51-17 — Transcript, file page 60, lines 51-17
- Official Supreme Court Transcript — file page 61, lines 35-41 — Transcript, file page 61, lines 35-41
- Official Supreme Court Transcript — file page 62, lines 13-15 — Transcript, file page 62, lines 13-15
- Official Supreme Court Transcript — file page 7, lines 33-37 — Transcript, file page 7, lines 33-37
- Official Supreme Court Transcript — file page 8, lines 3-13 — Transcript, file page 8, lines 3-13
- Official Supreme Court Transcript — file page 8, lines 35-3 — Transcript, file page 8, lines 35-3
- Official Supreme Court Transcript — file page 9, lines 45-11 — Transcript, file page 9, lines 45-11
A citizen's guide to the whole case
What this case is about
Cooper rejected a plea deal after his lawyer advised him to. He lost at trial and received a harsher sentence. He argues this bad advice violated his rights. The state argues the trial itself was fair and reliable.
Official sources for this section
- Official Supreme Court Transcript — file page 18, lines 29-1 — Transcript, file page 18, lines 29-1
- Official Supreme Court Transcript — file page 28, lines 31-43 — Transcript, file page 28, lines 31-43
- Official Supreme Court Transcript — file page 3, lines 17-37 — Transcript, file page 3, lines 17-37
- Official Supreme Court Transcript — file page 58, lines 37-49 — Transcript, file page 58, lines 37-49
How the case got here
The Supreme Court heard oral argument in this case on October 31, 2011.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 7-15 — Transcript, file page 3, lines 7-15
- Official Supreme Court Transcript — file page 62, lines 13-15 — Transcript, file page 62, lines 13-15
What each side wants
Cooper wants a remedy for the longer sentence he received after rejecting the plea deal.
The state wants the conviction to stand because the trial process was reliable.
Official sources for this section
- Official Supreme Court Transcript — file page 18, lines 29-1 — Transcript, file page 18, lines 29-1
- Official Supreme Court Transcript — file page 28, lines 31-43 — Transcript, file page 28, lines 31-43
- Official Supreme Court Transcript — file page 3, lines 17-37 — Transcript, file page 3, lines 17-37
- Official Supreme Court Transcript — file page 58, lines 37-49 — Transcript, file page 58, lines 37-49
What each side says
Cooper argues bad advice caused a significantly longer prison term, which is a clear harm.
The state argues the right to effective counsel only protects the reliability of the trial itself.
Official sources for this section
- Official Supreme Court Transcript — file page 18, lines 29-1 — Transcript, file page 18, lines 29-1
- Official Supreme Court Transcript — file page 28, lines 31-43 — Transcript, file page 28, lines 31-43
- Official Supreme Court Transcript — file page 3, lines 17-37 — Transcript, file page 3, lines 17-37
- Official Supreme Court Transcript — file page 58, lines 37-49 — Transcript, file page 58, lines 37-49
What the justices asked
Justice Scalia asked if being a poor negotiator constitutes ineffective assistance of counsel.
Justice Kagan asked how a longer sentence is not a different outcome if the advice was bad.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 27-31 — Transcript, file page 10, lines 27-31
- Official Supreme Court Transcript — file page 10, lines 43-47 — Transcript, file page 10, lines 43-47
- Official Supreme Court Transcript — file page 3, lines 39-1 — Transcript, file page 3, lines 39-1
- Official Supreme Court Transcript — file page 4, lines 33-41 — Transcript, file page 4, lines 33-41
- Official Supreme Court Transcript — file page 5, lines 19-35 — Transcript, file page 5, lines 19-35
- Official Supreme Court Transcript — file page 5, lines 39-41 — Transcript, file page 5, lines 39-41
- Official Supreme Court Transcript — file page 6, lines 29-35 — Transcript, file page 6, lines 29-35
- Official Supreme Court Transcript — file page 6, lines 51-13 — Transcript, file page 6, lines 51-13
- Official Supreme Court Transcript — file page 60, lines 51-17 — Transcript, file page 60, lines 51-17
- Official Supreme Court Transcript — file page 61, lines 35-41 — Transcript, file page 61, lines 35-41
- Official Supreme Court Transcript — file page 62, lines 13-15 — Transcript, file page 62, lines 13-15
- Official Supreme Court Transcript — file page 7, lines 33-37 — Transcript, file page 7, lines 33-37
- Official Supreme Court Transcript — file page 8, lines 3-13 — Transcript, file page 8, lines 3-13
- Official Supreme Court Transcript — file page 8, lines 35-3 — Transcript, file page 8, lines 35-3
- Official Supreme Court Transcript — file page 9, lines 45-11 — Transcript, file page 9, lines 45-11
Why it matters
This case defines the scope of the right to effective counsel during plea negotiations. It determines whether a longer sentence from a rejected deal counts as legal harm. The outcome shapes how courts evaluate claims of bad legal advice in criminal cases.
Official sources for this section
- Official Supreme Court Transcript — file page 18, lines 29-1 — Transcript, file page 18, lines 29-1
- Official Supreme Court Transcript — file page 28, lines 31-43 — Transcript, file page 28, lines 31-43
- Official Supreme Court Transcript — file page 3, lines 17-37 — Transcript, file page 3, lines 17-37
- Official Supreme Court Transcript — file page 58, lines 37-49 — Transcript, file page 58, lines 37-49
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 27-31 — Transcript, file page 10, lines 27-31
- Official Supreme Court Transcript — file page 10, lines 43-47 — Transcript, file page 10, lines 43-47
- Official Supreme Court Transcript — file page 3, lines 39-1 — Transcript, file page 3, lines 39-1
- Official Supreme Court Transcript — file page 3, lines 7-15 — Transcript, file page 3, lines 7-15
- Official Supreme Court Transcript — file page 4, lines 33-41 — Transcript, file page 4, lines 33-41
- Official Supreme Court Transcript — file page 5, lines 19-35 — Transcript, file page 5, lines 19-35
- Official Supreme Court Transcript — file page 5, lines 39-41 — Transcript, file page 5, lines 39-41
- Official Supreme Court Transcript — file page 6, lines 29-35 — Transcript, file page 6, lines 29-35
- Official Supreme Court Transcript — file page 6, lines 51-13 — Transcript, file page 6, lines 51-13
- Official Supreme Court Transcript — file page 60, lines 51-17 — Transcript, file page 60, lines 51-17
- Official Supreme Court Transcript — file page 61, lines 35-41 — Transcript, file page 61, lines 35-41
- Official Supreme Court Transcript — file page 62, lines 13-15 — Transcript, file page 62, lines 13-15
- Official Supreme Court Transcript — file page 7, lines 33-37 — Transcript, file page 7, lines 33-37
- Official Supreme Court Transcript — file page 8, lines 3-13 — Transcript, file page 8, lines 3-13
- Official Supreme Court Transcript — file page 8, lines 35-3 — Transcript, file page 8, lines 35-3
- Official Supreme Court Transcript — file page 9, lines 45-11 — Transcript, file page 9, lines 45-11
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 18, lines 29-1 — Transcript, file page 18, lines 29-1
- Official Supreme Court Transcript — file page 28, lines 31-43 — Transcript, file page 28, lines 31-43
- Official Supreme Court Transcript — file page 3, lines 17-37 — Transcript, file page 3, lines 17-37
- Official Supreme Court Transcript — file page 58, lines 37-49 — Transcript, file page 58, lines 37-49
- Official Supreme Court Transcript — file page 18, lines 29-1 — Transcript, file page 18, lines 29-1
- Official Supreme Court Transcript — file page 28, lines 31-43 — Transcript, file page 28, lines 31-43
- Official Supreme Court Transcript — file page 3, lines 17-37 — Transcript, file page 3, lines 17-37
- Official Supreme Court Transcript — file page 58, lines 37-49 — Transcript, file page 58, lines 37-49
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.