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Kentucky Supreme Court upholds 'bad advice' ethics rule

Prosecutors in Kentucky will no longer be able to require defendants as part of a plea agreement to waive their right to appeal bad advice from their attorney.

MGN Online

LOUISVILLE, Ky. (AP) - Prosecutors in Kentucky will no longer be able to require defendants as part of a plea agreement to waive their right to appeal bad advice from their attorney.

The state Supreme Court on Thursday upheld a rule banning defense attorneys from advising a client about a plea agreement requiring them to waive their right to challenge the attorney's performance at a later date.

In the same opinion, the Kentucky Bar Association said that prosecutors may not propose a plea agreement that requires someone to waive the right to attack a defense attorney's performance on appeal.

The U.S. attorneys in Louisville and Lexington challenged the rule.

In Kentucky, ethics opinions approved by the high court are binding on all attorneys in the state.


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