Case 9:08-cv-80736-KAM Document 163 Entered on FLSD Docket 04/18/2012 Page 1 of 2

Case 9:08-cv-80736-KAM Document 163 Entered on FLSD Docket 04/18/2012 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE No. 08-80736-CIV-MARRA/JOHNSON JANE DOE 1 and JANE DOE 2, Plaintiffs, 1. UNITED STATES OF AMERICA, Defendant. NOTICE OF SUPPLEMENTAL AUTHORITY OF THE UNITED STATES SUPREME COURT In two decisions last term, the Supreme Court constitutionalized the right to competent counsel in plea negotiations by ruling that the Sixth Amendment right to effective assistance of counsel "extends to the plea bargaining process" and that defendants are entitled to "the effective assistance of competent counsel" during plea negotiations. Lafler. Cooper, 132 S. Ct. 1376, 1384 (2012); Missouri. Frye, 132 S. Ct. 1399, 1407-09 (2012). Under Lofty. and Frye, counsel have an ongoing obligation to provide effective representation in plea bargaining and to engage in communications with the client and the prosecutor to discharge that obligation. The limited