Arave v. Hoffman (2007)
- Docket
- 07-110
- Decided
- 2007-01-01
Summary
Question: Has an attorney provided ineffective assistance of counsel if he advises a client to turn down a guilty plea based on erroneous legal analysis, and if so, what is the appropriate remedy? Conclusion: After the Court granted certiorari, Hoffman filed a motion to vacate the Ninth Circuit's decision and dismiss the case, abandoning his claim for ineffective assistance during plea bargaining. Hoffman no longer sought the relief ordered by the Ninth Circuit and instead wished to proceed with the resentencing ordered by the district court. The Court, in a per curiam opinion, granted Hoffman's motion and remanded the case to the Ninth Circuit with the instructions that the district court should dismiss the ineffective assistance of counsel during plea bargaining claim with prejudice.