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Lawyers’ Failure to Read Case File Gets Defendant New Hearing

June 25, 2020, 2:28 PM

A defendant, who twice turned down a plea deal based on advice from his unprepared lawyers, is entitled to a hearing to decide whether he was prejudiced by the bad advice, the Seventh Circuit said Wednesday.

The government argued that a ruling in David Day’s favor would encourage defendants to hire incompetent attorneys, but the opinion by Judge Diane S. Sykes called that “an entirely unrealistic concern.”

Day, who was facing charges related to a credit repair scheme, was represented by federal defender Monica Foster when the government offered him a plea deal of between 51 to 63 months. Foster ...

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