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By Shari Allison

Williams v. Jones, 2009 WL 3284847 (10/14/09) (Published) - Good news. The 10th denies rehearing en banc 7-4 where the panel had held a defendant should get relief that puts him back in the position where he would have been had his counsel not unethically threatened to withdraw if he took the plea offer. The dissent (Judges Gorsuch, Tacha, O'Brien and Tymkovich) would have held that the subsequent fair trial rendered harmless any ineffective assistance of counsel and that no S. Ct. case says bad advice to reject a plea offer is a violation of the 6th Amendment. The concurrence authored by Judge Kelly and joined by Judges Henry and Holmes says the obvious flip-side of Hill v. Lockhart is that bad advice to reject a plea offer can constitute ineffective assistance...continue to full post

Full post as published by Tenth Circuit Blog on October 20, 2009 (boomark / email).