In a criminal justice system where procedural rights are freely traded for sentencing and charging concessions, each heralded decision of the Supreme Court enforcing or expanding a right of the accused produces yet another bargaining chip for the defense. As rights expand, so do waivers of the opportunity to enforce those rights on review. As one court stated, the government "enters into plea agreements to avoid costly litigation, not to postpone it." It was, then, unsurprising when, amid the accolades for the Court's decisions in Missouri v. Frye and Lafler v. Cooper, one exprosecutor suggested that defendants should have to waive the right to secure relief under these new cases if they want a plea deal.
Nancy J. King,
Plea Bargains That Waive Claims of Ineffective Assistance - Waiving Padilla and Frye,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol51/iss3/9