Showing posts with label rights. Show all posts
Showing posts with label rights. Show all posts

Tuesday, April 10, 2012

China rights lawyer jailed for 2 years, 8 months - Reuters

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BEIJING | Mon Apr 9, 2012 10:03pm EDT

BEIJING (Reuters) - A Chinese court sentenced a disabled lawyer renowned for defending people evicted from their homes to two years and eight months in prison on Tuesday for causing a disturbance and fraud, Beijing's latest use of a controversial law to stifle dissent.

The lawyer, Ni Yulan, and her husband, Dong Jiqin, were detained in April 2011 and later convicted of the charges. Rights activists contend the charges were trumped up in an effort to silence the couple.

Dong was given two years in prison, also for "causing a disturbance", a court official told reporters at the courthouse in a western suburb of Beijing.

Ni's imprisonment is the latest signal of the ruling Communist Party's determination to stifle China's civil rights movement, which is reeling from the jailing of several dissidents in recent months.

The party is especially wary of political challenges ahead of a leadership succession later this year.

Ni has been an outspoken advocate for Chinese residents forced from their homes to make way for development, often for what residents say is grossly inadequate compensation.

Prosecutors alleged that Ni, who is disabled and wheel chair-bound, and Dong beat employees at a hotel - or what Ni has previously called a "black jail" - where they were forced to stay after their home was demolished in 2008.

A "black jail" is an informal detention site, such as a hotel or government guesthouse, used to hold protesters and petitioners without resorting to legal procedures.

(Reporting by Sui-Lee Wee; Writing by Ben Blanchard; Editing by Chris Buckley)


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Monday, April 9, 2012

Chinese rights lawyer jailed 2 years, 8 months

Beijing (Reuters)-a Chinese court sentenced a lawyer to defend the people with disabilities, which is known to remove their homes, for a period of two years and eight months in prison on Tuesday for causing interference, and fraud, the Beijing last disputed the right to suppress dissent.

Lawyer, Ni Yulan, and her husband was detained April 2011, Dong Jiqin and later convicted of charges. Rights activists claim were trumped when you try to silence a couple.

Dong was given two years in prison, including "cause disruption", the Court of Justice, the official told reporters in Beijing on the Western suburb of the district.

Ni's imprisonment to stifle the Communist China set-the civil rights movement, which is the position of the textile fabrics from many of the jailing in recent months, the latest version of the signal.

The party is particularly concerned by the fact that the political challenges of leadership succession later this year.

Ni has been outspoken of the Advocate General at the homes are forced to make way for the development, the residents often say the Chinese people is outrageous compensation.

Prosecutors argued that the Ni, who is disabled, and the wheel chair-bound, and Dong beat hotel-or what is called the "Ni" black jail "-workers, in which they were forced to stay at home was demolished after the end of the year 2008.

The "Black jail" is the unofficial detention site, such as a hotel or guesthouse, use Klimaflüchtlinge and performers subject to the legal procedures of petitions.

(Reports of the Sui-Lee viikk; Ben Blanchard; writing editing, Chris Buckley)


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Saturday, March 31, 2012

Martin family lawyer known for civil rights cases - Boston.com

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SANFORD, Fla.—When Benjamin Crump got his first call from Trayvon Martin's father last month, the attorney counseled patience.

It had only been two days since a neighborhood watch volunteer had fatally shot the 17-year-old, and surely an arrest was imminent, thought Crump, who has pursued several civil rights cases against law enforcement agencies.

Two more days passed. Still nothing.

"I believed in my heart of hearts they were going to arrest him," Crump said Thursday in an interview. "I said, `Oh, they are going to arrest him. You don't need me on this.'"

More than a month later, there still has been no arrest.

But thanks largely to Crump's efforts, the case has stirred marches and rallies around the nation, merited comment from President Barack Obama, led to the resignation of the Sanford police chief and brought scrutiny from the U.S. Department of Justice into this Orlando suburb of 55,000 residents.

"When you have the president commenting on the matter and you have celebrities and politicians wearing their hoodies as a symbol of the cause that you're representing, and it has taken over the world's attention, this is overwhelming in a sense," said Crump, who was in Washington for several days of meeting with members of Congress and appearing on national news shows. "We've been pushing relentlessly day and night."

Crump's strategy for making the case international news began with a series of heart-wrenching news conferences in which Martin's parents spoke about their loss. Florida media outlets began to notice. Then, he enlisted U.S. Rep. Corrine Brown to help convince authorities to release 911 tapes, recordings that brought the case to the attention of national media. He's further ratcheted pressure on authorities by organizing a series of rallies and working with national civil rights figures such as Al Sharpton.

The push began not long after Martin's death on the night of Feb. 26. Martin, wearing a hoodie, was walking home from a Sanford, Fla. convenience store when he was spotted by neighborhood watch volunteer George Zimmerman, who called a police dispatcher to report Martin as suspicious. There was a confrontation, and Martin was shot. Zimmerman has told detectives he shot Martin in self-defense.

Martin's death raises questions about the role of vigilantism, racial profiling and Florida's self-defense laws. Under those laws, a person isn't obligated to retreat in a threatening situation. Zimmerman's father has said his son wasn't profiling Martin and that he isn't racist. Zimmerman's mother is Hispanic and his father is white.

Crump was first contacted by a cousin of Trayvon Martin's father. The cousin, a Miami attorney, was familiar with Crump's civil rights work in Florida. Before Martin's death, Crump was best known for representing the parents of a teenage boy who died after an encounter with guards at a Florida boot camp in 2006. The videotaped beating of Martin Lee Anderson attracted national attention and led to the closure of the state's boot camps for juvenile offenders.

Crump, 42, and his wife, Genae Angelique Crump, are raising two teenage boys who are the biological sons of Crump's cousin. The oldest is Martin's age.

"Trayvon hits home on many levels," Crump said.

Crump and his law partner, Daryl Parks, are Tallahassee-based personal injury attorneys who primarily handle wrongful death and negligence cases. But their everyday work often involves civil rights issues.

"Daryl and Ben look at things in a broader perspective," said James Messer, a Tallahassee attorney who serves on the board of the Tallahassee Bar Association with Crump. "While there may be a wrongful death issue, it involves, in their eyes, more than anything a civil rights cause ... (Crump) has a passion for issues that have something to do with civil rights violations."

Crump's advocacy on behalf of Martin's family has gotten the attention of established civil rights leaders. Both Sharpton and Jesse Jackson flew down to Sanford to participate in rallies and a meeting before the Sanford city commission.

"He has integrity, smarts and an uncanny ability," Jackson said about Crump. "He is not flashy. He is just kind of a basic, old, solid-thinking, country lawyer."

Crump gets the "country" part from growing up in Lumberton, N.C., a tiny town not far from Fort Bragg. His mother held down two jobs as a factory worker and hotel housekeeper. His biological father was a soldier at Fort Bragg. He was raised by his mother and her high school sweetheart who later became her husband. Crump regards him as his father. The oldest of nine siblings and step-siblings, Crump grew up in an extended family of cousins, uncles and aunts headed by his beloved great-grandmother, Mittie.

"She had a switch in her hand when we came home from school. She would ask what we learned in school that day, and she used that switch to enforce the importance of that question," Crump said of his great-grandmother.

Crump would spend all day every Sunday in Pentecostal church, often missing the chance to watch his Dallas Cowboys play on television. The influence of the church is visible in his public speeches when he often sounds more like a preacher than a lawyer. His interest in civil rights stems from attending segregated schools until he was in fifth grade.

"It was a situation to me, that I said, `Why do people on that side of the tracks have it so much better than people on our side of the tracks?'" he said.

When Crump was in high school, his mother sent him to Fort Lauderdale to live with the man he regarded as his father so he could have a male influence and be exposed to the culture that the bigger city offered.

He attended college and law school and Florida State University, where he met Parks, his future law partner. In his personal statement for law school, he said his hero was Thurgood Marshall, the U.S. Supreme Court's first black justice. After graduating, Parks and Crump formed their own law firm, Tallahassee-based, Parks and Crump.

Crump dodges the question of how, and if, he is being compensated by Trayvon Martin's parents.

"You do it because it's the right thing to do," he said. "As long as you make your goal to do right and do good, all of the money and financial material stuff will come."

? Copyright 2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Thursday, March 29, 2012

China rights lawyer allowed visit by family

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BEIJING (AP) — Family members of jailed prominent lawyer Gao Zhisheng said Wednesday that Chinese authorities have allowed them to visit him in prison, confirming for the first time since he disappeared nearly two years ago that he is alive and in good health.

Gao's brother Gao Zhiyi told The Associated Press that he has seen his brother but added it was "not convenient" to say more.

The dissident's wife, Geng He, said her father and Gao's brother saw him for half an hour in a remote prison in Xinjiang on Saturday in an emotional reunion. She expressed relief at proof her husband is alive and relatively well.

Geng, who now lives in California, says she was told Gao appeared paler than the last time his brother saw him two years ago but seemed otherwise the same.

The whereabouts of Gao, who earlier said he had been kidnapped and tortured by Chinese authorities, had been unknown for 20 months until state media reported in December that he was being sent back to prison for three years for violating his probation.

Gao has been a galvanizing figure for the rights movement, advocating constitutional reform and arguing landmark cases to defend property rights and political and religious dissenters. Convicted in 2006 of subversion and sentenced to three years, he was released on probation before being taken away by security agents in 2009 in the first of his forced disappearances that set off an international outcry.

During an interview with the AP in 2010 when he briefly resurfaced, Gao described being hooded and beaten by security and said he worried about being taken away by police again. He disappeared again a few weeks later and since then his supporters and rights groups have expressed concern about whether he is alive.

In December, the government said it was moving Gao to prison, the first time it had acknowledged holding him. Yet, his condition was not known and speculation about his health spiked again after authorities refused to let his brother visit him in prison.

"The fact that he's alive and that his family has seen him is a huge step forward given the fears we've all had," said Jared Genser, president of the Washington-based advocacy group Freedom Now and an adviser to Geng He.

During the visit, Gao Zhisheng talked to Geng's father first for 10 minutes then to his brother for 20 minutes, Geng said. They spoke to each other by phone and were separated by glass, she said.

Gao wept when Geng's father told him that his health was better now that he could finally see him.

"Anyway, this is the situation that I am in," Geng quoted Gao Zhisheng as telling his brother. "You should all take care of yourselves, help Geng He raise the children well."

With Gao confirmed alive, Genser said the next step is to rally foreign governments and U.N. groups to persuade the Chinese government to release him and allow him to be reunited with this family. "Now is the time to put pressure on the Chinese government to adhere to the rule of law," Genser said in Beijing.

Gao's family visit was long overdue, his friend and fellow Beijing-based rights lawyer Li Heping said.

"From the very beginning they should have done things in strict accordance with the law. This would have greatly reduced the unnecessary suspicions," Li said.

Geng said the news of the visit brought her relief. "I slept well for the first time that night," she said.

"But in the morning as soon as I got up, I was aware that the road ahead of me remains long. Gao Zhisheng's ordeal has not ended," she said. "I must keep calling for his release until the day he is free and we can be reunited."

___

Associated Press writer Charles Hutzler contributed to this report.


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Wednesday, March 28, 2012

Jailed China rights lawyer allowed visit by family

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BEIJING (AP) — Family members of jailed prominent lawyer Gao Zhisheng said Wednesday that Chinese authorities have allowed them to visit him in prison, confirming for the first time since he disappeared nearly two years ago that he is alive and in good health.

Gao's brother Gao Zhiyi told The Associated Press that he has seen his brother, but added it was "not convenient" to say more.

The dissident's wife, Geng He, said her father and Gao's brother saw him for half an hour on Saturday in an emotional reunion in a remote prison in Xinjiang. She expressed relief at proof her husband is alive and relatively well.

Geng, who now lives in California, says she was told Gao appeared paler than the last time his brother saw him two years ago but seemed otherwise the same.

"Anyway, this is the situation that I am in," Geng quoted Gao Zhisheng as telling his brother. "You should all take care of yourselves, help Geng He raise the children well."

Gao has been a galvanizing figure for the rights movement, advocating constitutional reform and arguing landmark cases to defend property rights and political and religious dissenters. Convicted in 2006 of subversion and sentenced to three years, he was released on probation before being taken away by security agents in 2009 in the first of his forced disappearances that set off an international outcry.

The whereabouts of Gao, who earlier said he had been kidnapped and tortured by Chinese authorities, had been unknown for 20 months until state media reported in December that he was being sent back to prison for three years for violating his probation.

During an interview with the AP in 2010 when he briefly resurfaced, Gao described being hooded and beaten by security and said he worried about being taken away by police again. He disappeared again a few weeks later.

In December, the government said it was moving Gao to prison, the first time it had acknowledged holding him. Yet, his condition was not known and speculation about his health spiked again after authorities refused to let his brother visit him in prison.

"The fact that he's alive and that his family has seen him is a huge step forward given the fears we've all had," said Jared Genser, president of the Washington-based advocacy group Freedom Now and an adviser to Geng He.

With Gao confirmed alive, Genser said the next step is to rally foreign governments and U.N. groups to persuade the Chinese government to release him and allow him to be reunited with this family. "Now is the time to put pressure on the Chinese government to adhere to the rule of law," Genser said in Beijing.

Geng said the news of the visit brought her relief. "I slept well for the first time that night," she said.

"But in the morning as soon as I got up, I was aware that the road ahead of me remains long. Gao Zhisheng's ordeal has not ended," she said. "I must keep calling for his release until the day he is free and we can be reunited."

Other prominent Chinese who are being held incommunicado include poet Liu Xia, who is the wife of jailed Nobel Peace Prize winner Liu Xiaobo, and Chen Guangcheng, a self-taught lawyer who documented forced abortions and other abuses.

Liu Xia is believed to be effectively under house arrest without phone or Internet access and is prohibited from seeing all but a few family members. Chen was released from jail in 2010, but authorities have turned his eastern Chinese village into a no-go zone where activists, foreign diplomats and reporters have been turned back and threatened.

___

Associated Press writer Charles Hutzler contributed to this report.

___

Follow Gillian Wong on Twitter at http://twitter.com/gillianwong


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Family Visits Rights Lawyer Held in China - New York Times

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On Wednesday, Mr. Gao’s wife, Geng He, said her father and Mr. Gao’s brother had been allowed a half-hour visit with him at a prison in the far western region of Xinjiang.

“He was very pale, like someone who hasn’t been in the sunlight for years, but otherwise he seemed healthy,” Ms. Geng said, speaking from California, where she lives in exile with the couple’s two children. “After hearing the news from my family, I slept well for the first time in a long while.”

A widely known dissident here, Mr. Gao, 47, was a celebrated lawyer until he ran afoul of the government by taking on politically delicate cases and exposing shortcomings in the legal system. His clients included victims of medical malpractice and farmers who had lost their land to development, but also persecuted Christians and adherents of Falun Gong, the outlawed spiritual movement. In 2005, he renounced his Communist Party membership and scathingly criticized the government in letters he sent to Chinese leaders.

He was stripped of his law license and taken into custody a year later, in the first of several detentions. He was convicted of inciting subversion of state power. Released on probation, he was largely kept under house arrest, and his family was subjected to constant surveillance. During interrogations, he said, he had been pistol-whipped, prodded with electric batons and lanced with bamboo sticks.

In 2009, his wife and children made a dramatic overland escape from Beijing to Thailand with the help of a Christian organization. They were later granted asylum in the United States.

Mr. Gao’s case has drawn scrutiny from the White House, the United Nations and the European Union, which have urged the Chinese government to explain his whereabouts and release him from custody. During the past two years, Ms. Geng said she wondered whether he was alive.

Last December, the state news media issued a terse statement saying Mr. Gao had been returned to jail for three years because he had violated the terms of his probation. Human rights advocates questioned the ruling, given that Mr. Gao had been continuously in police custody. In January, his brother, Gao Zhiyi, said he had been informed that Mr. Gao was in a prison in Shaya County, in Xinjiang. But until this week, the authorities had not allowed relatives to visit him.

Ms. Geng said that the brief visit on Saturday was closely supervised by the police and that the conversation, via telephone through thick glass, was highly circumscribed. “He couldn’t speak about what had happened to him, but my father didn’t really care,” she said. “He was just thrilled to find him alive.”


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Saturday, March 24, 2012

John Payton, the top civil rights lawyer dies, 65

NEW YORK (AP) — a civil rights Attorney John Payton, who defend the University of Michigan, and led to the policy of discrimination before the NAACP Legal Defense and educational Fund, has died. He was 65.

Lee Daniels, New York-based NAACP Fund spokesman said Payton died Thursday, the Johns Hopkins University Hospital in Baltimore, a brief illness.

President Barack Obama said in a prepared statement, he and first lady Michelle Obama were saddened to learn that their "good friend" of the dead.

He was the "real" champion, "Obama said. "The legal community has lost a legend, and even though we mourn his passing, we will never forget John's courage and fierce opposition to all forms of discrimination."

After graduating from Pomona College, California, Payton went to Harvard Law School, and joined the staff of Wilmer Cutler Pickering Hale and Dorr in Washington of a firm of Auditors in 1978.

He argued that the discrimination cases before the Supreme Court, and in 2003, Bollinger, Gratz vs. the admission policies from the University of Michigan.

Of Justice 6-3 against the University of Gratz, but the companion case Grutter vs. Bollinger of Justice 5-4 that the law school's race to be aware of with a view to achieving greater policy equal to the quota system.

Barbara Arnwine, Executive Director of the Lawyers Committee on civil rights, said Payton, the Gratz and Grutter showed his strategic thinking in the cooperative.

"He really sat back and said," what is it, that the Court of Justice of the European communities should be familiar with the information about the racial diversity in America? "" Arnwine said. "What are the consequences of the information society, the rich?" "

Payton left private practice to become a corporation in the weaker when it came to the District of Columbia in the light of all the material. In 1994, he joined his wife, Gay Hudson in South Africa, where the country's first democratic elections, Hudson was a member of the Commission.

He returned to Wilmer Hale then became a Director and Chairman of the legal defense and Education Fund in 2008.

At the same time, in the year 2010, the Fund for the Payton claimed Lewis vs. City of Chicago, which, acting unanimously, the highest of the group, the African American's training had to race discrimination in a timely fashion, free of charge.

The national law journal named to the list of the most influential decade Payton lawyers in 2010.

Wade Henderson, Executive Director of the Leadership Conference on Civil and human rights, said in a statement that Payton "was the Warrior, fairness and equality."

"He had some form of the 21st century, Thurgood Marshall," Henderson said. "The biggest compliment I could pay him for the advocate, is that he can perform the foxes and he can perform the Canes Venatici."

Survivors are his wife, also a significant civil rights attorney.


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Friday, March 23, 2012

John Payton, high civil rights lawyer, dies at 65 - Wall Street Journal

NEW YORK - civil rights Attorney John Payton, who defends policy of the University of Michigan affirmative action before the Supreme Court and led the NAACP Legal Defense and Education Fund, has died. He was 65.

Payton is died Thursday in hospital of Johns Hopkins University in Baltimore, after a brief illness, said Lee Daniels, spokesman for the NAACP Fund based in New York.

In a prepared statement, President Barack Obama stated that he and first lady Michelle Obama are saddened to learn that their "dear friend" was dead.

It was a "true champion of equality", said Obama. "The legal community has lost a legend, and while we mourn passing of John, we will never forget his courage and his fierce opposition to discrimination in all its forms."

After graduating from Pomona College in California, Payton went to Harvard Law School and joined the Cabinet of Washington of Wilmer Cutler Pickering Hale & Dorr in 1978.

He argued the affirmative action case before the Supreme Court, including Graz vs. Bollinger of 2003, which dealt with the admissions policy at the University of Michigan.

The Court ruled 6 - 3 against the University of Graz, but in a related case, Grutter vs. Bollinger, the Court ruled 5-4 that the Faculty of law, race-conscious admissions policy did not amount to a system of quotas.

Barbara Arnwine, Executive Director of the Committee of counsel for civil rights, said work of Payton Gratz and Grutter shows his strategic thinking long term.

"He was really sitting on the back and said,"That is what the Court must include the subject of racial diversity in America?"" "Arnwine said. "What are the consequences of a non-diverse society?'". ?

Practical left Payton private in the 1990s to become the Corporation counsel for the District of Columbia. In 1994, he joined his wife, Gay McDougall, in South Africa, where the McDougall was a member of the commission, the first democratic elections of the country running.

He returned to Wilmer Hale, then became educational Director-counsel and President of the Fund in 2008 and legal defence.

While the Fund in 2010, Payton argued Lewis vs city of Chicago, in which the Supreme Court held unanimously that a group of firefighters aspiring African-American had filed a charge in a timely manner of any racial discrimination.

The National Law Journal named Payton in his list of most influential lawyers of the Decade in 2010.

"" Wade Henderson, President and CEO of the Leadership Conference, on civilians and human rights said in a statement that Payton "was a fighter for justice and equality."

"It was probably a 21st century Thurgood Marshall," said Henderson. "The most compliment I could pay him as an advocate is that it could run with the foxes, and it could run with the dogs."

Survivors include his wife, also a notable civil rights attorney.

-Copyright 2012, Associated Press

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Thursday, March 22, 2012

Supreme Court expands defendant's rights in plea deals - Los Angeles Times

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Defendants in criminal cases have a constitutional right to a competent lawyer's advice when deciding whether to accept a plea bargain, the Supreme Court ruled, providing a significant expansion of rights that could have a broad impact on the justice system.

"Ours for the most part is a system of pleas, not a system of trials," Justice Anthony M. Kennedy said for the majority in a pair of 5-4 decisions. Noting that about 97% of federal convictions and 94% of state convictions result from guilty pleas, Kennedy wrote that "in today's criminal justice system, the negotiation of a plea bargain, rather than the unfolding of a trial, is almost always the critical point for the defendant."

The ruling drew a sharply worded dissent from Justice Antonin Scalia, who took the unusual step of expressing his disagreement in the courtroom. He angrily called the court's rulings a "judicially invented right to effective plea bargaining."

The decisions were "a vast departure from our past cases" and would lead to endless litigation, he warned.

"Until today, no one has thought that there is a constitutional right to a plea bargain," Scalia added.

Chief Justice John G. Roberts Jr. and Justices Clarence Thomas and Samuel A. Alito Jr. joined in dissent.

Until now, the vast majority of the high court's decisions on the constitutional rights of criminal defendants had involved trials. Since plea deals are part of the daily routine in courthouses across the nation, expanding the Constitution's reach into that arena could affect a large number of cases. But legal experts, like the justices themselves, differed on the precise impact.

"These are big and important decisions," said Orin Kerr, a criminal law expert at George Washington University. "Plea negotiations have been mostly unregulated, and as a result, they have been informal. That will have to change, at least at the margins."

Others said the justices did not want to second-guess routine plea deals, only those in which a lawyer's blunder or clearly bad advice had caused his client serious damage.

Stanford law professor Jeffrey Fisher said the high court's decision was significant because it put the "imprimatur of the Supreme Court" on the rule that defendants have a right to competent legal advice during negotiations over a plea deal. That position "is basically consistent with the predominant view in the lower courts over the past several years," he said, but had not previously been declared a nationwide rule by the highest court.

Since the 1980s, the court has said defendants have a right to "effective assistance of counsel," and this guidance is crucial to protecting the right to a fair trial.

On Wednesday, Kennedy joined with the court's four liberals — Justices Ruth Bader Ginsburg, Stephen G. Breyer, Elena Kagan and Sonia Sotomayor — and made clear for the first time that a defendant's right to a competent lawyer extends to decisions to accept or reject a plea offer from prosecutors.

Both cases involved men who were sent to prison for lengthy terms — one for assault and the other for drunk driving — who could have had much lighter sentences but for their lawyers' mistakes.

No one suggested the attorneys must offer brilliant advice. Similarly, they cannot be faulted if their predictions about how a trial will go are proved wrong. But the lawyers must meet a standard of basic competence, the court said.

At minimum, Kennedy said, the lawyer has a duty to tell his client of any formal offers from a prosecutor that would result in a favorable deal.

In the drunk driving case, from Missouri, the lawyer had failed to tell his client that prosecutors had given him a written offer to recommend a 90-day sentence if the defendant pleaded guilty. The offer expired without the defendant, Galin Frye, being aware of it. Frye pleaded guilty and was sentenced to three years in prison.

"The court now holds that, as a general rule, defense counsel has the duty to communicate formal offers from the prosecution to accept a plea deal on terms and conditions that may be favorable to the accused," Kennedy said in Missouri vs. Frye.

Whenever there is a "reasonable probability" that bad advice resulted in a longer prison term, the defendant is entitled to a new hearing or a lesser sentence, he added.

In the second case, from Michigan, Anthony Cooper was charged with attempted murder and was willing to admit his guilt. But, relying on advice from his lawyer, he turned down an offer from a prosecutor to plead guilty in exchange for a recommended sentence of between five and seven years in prison. His lawyer had told him he could not be convicted of intent to murder because he had fired a gun at a woman's legs, not above her waist — an assertion that was flatly wrong, as a matter of law and common sense.

Cooper went to trial, the jury convicted him on all counts, and he was sentenced to between 15 and 30 years in prison. In Lafler vs. Cooper, the court agreed that the defendant had been denied his right to a competent attorney and sent the case back to a Michigan judge to decide on a new sentence.

The Obama administration and lawyers for 32 states had essentially agreed with Scalia's view. They took the position that if a defendant chooses to plead guilty or is convicted in a fair trial, he has no right to object about earlier bad advice from a lawyer.

Lawyers for the Constitution Project lauded the decisions for recognizing the reality of America's criminal justice system. Since plea deals have largely replaced jury trials, "we are pleased the court has recognized that the right to counsel during plea negotiations is just as important as at trial," said Virginia Sloan, the group's president.

david.savage@latimes.com


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