context: While private contracting parties would ordinarily be equally chargeable -- so far as enforceability and interpretation are concerned -- -with their respective counsels' derelictions in negotiating commercial contracts, different concerns apply to bargained plea agreements. Unlike the private contract situation, the validity of a bargained guilty plea depends finally upon the voluntariness and intelligence with which the defendant -- and not his counsel -- enters the bargained plea.
citation_a.signal: cf.
citation_a.identifier: 624 F.2d 461, 473
citation_a.parenthetical: in interpreting disputed immunity agreement, court "not primarily concerned with the gauge of [defense counsel's] professional caution or responsibility"
citation_a.sentence: Mabry, 467 U.S. at 509, 104 S.Ct. at 2547. This necessary condition to effective waiver of constitutional rights can be found wanting not only because of the Government’s derelictions in discharging its duty of fair bargaining, see Santobello, 404 U.S. at 261-62, 92 S.Ct. at 498, but also because of any independent (as well as Government-induced) dereliction of defense counsel amounting to ineffective assistance of counsel. See Correale v. United States, 479 F.2d at 949 (Coffin, C.J.) (that defense counsel’s possible dereliction may constitute constitutionally ineffective assistance of counsel invalidating guilty plea, not a “relevant legal concern” in direct proceeding in criminal case to vacate plea because of broken plea agreement); cf. United States v. Society of Independent Gasoline Manufacturers, 624 F.2d 461, 473 (4th Cir.1979) (in interpreting disputed immunity agreement, court “not primarily concerned with the gauge of [defense counsel’s] professional caution or responsibility”).
citation_b.signal: no signal
citation_b.identifier: 104 S.Ct. 2547, 2547
citation_b.parenthetical: that defense counsel's possible dereliction may constitute constitutionally ineffective assistance of counsel invalidating guilty plea, not a "relevant legal concern" in direct proceeding in criminal case to vacate plea because of broken plea agreement
citation_b.sentence: Mabry, 467 U.S. at 509, 104 S.Ct. at 2547. This necessary condition to effective waiver of constitutional rights can be found wanting not only because of the Government’s derelictions in discharging its duty of fair bargaining, see Santobello, 404 U.S. at 261-62, 92 S.Ct. at 498, but also because of any independent (as well as Government-induced) dereliction of defense counsel amounting to ineffective assistance of counsel. See Correale v. United States, 479 F.2d at 949 (Coffin, C.J.) (that defense counsel’s possible dereliction may constitute constitutionally ineffective assistance of counsel invalidating guilty plea, not a “relevant legal concern” in direct proceeding in criminal case to vacate plea because of broken plea agreement); cf. United States v. Society of Independent Gasoline Manufacturers, 624 F.2d 461, 473 (4th Cir.1979) (in interpreting disputed immunity agreement, court “not primarily concerned with the gauge of [defense counsel’s] professional caution or responsibility”).