Epstein Secrets

e 9:08-cv-80736-KAM Document 100 Entered on FLSD Docket 09/27/2011 Page 2 of 12 has been waived. The United States further agrees that, in light of the Supreme Court's guidance on the Sixth Amendment Right to Counsel, the protections provided to civil mediation proceedings should extend to confidential plea negoti

t the negotiation of a plea bargain is a critical phase of litigation for purposes of the Sixth Amendment right to effective assistance of counsel." Padilla v. Kentucky, U.S. 130 S. Ct. 1473, 1485 (2010) (citation omitted). This includes the "critical obligation of counsel to advise the client of `the advantages a

e 9:08-cv-80736-KAM Document 100 Entered on FLSD Docket 09/27/2011 Page 2 of 12 has been waived. The United States further agrees that, in light of the Supreme Court's guidance on the Sixth Amendment Right to Counsel, the protections provided to civil mediation proceedings should extend to confidential plea negoti

t the negotiation of a plea bargain is a critical phase of litigation for purposes of the Sixth Amendment right to effective assistance of counsel." Padilla v. Kentucky, U.S. 130 S. Ct. 1473, 1485 (2010) (citation omitted). This includes the "critical obligation of counsel to advise the client of `the advantages a

ed "against" the defendant in a "proceeding," and that fairness not require "contemporaneous" introduction of all aspects of the negotiations). But the Supreme Court has made clear that courts must be "especially reluctant to recognize a privilege in an area where it appears that Congress has considered the relev

o be sure, as the Government points out, effective defense counsel should always explore plea bargaining opportunities. See Gov't Resp. at 7 (citing Padilla v. Kentucky, 130 S.C.t 1473, 1485 (2010)). But this is a far cry from proving there is a "right" to plea bargaining or that protecting plea bargaining opportun