Attorney General Chris Koster, on Monday October 31, will represent the state of Missouri in the case Missouri v. Frye.

In this case, a defense attorney failed to inform his client, Galin Edward Frye, who had been charged with repeatedly driving while his license was revoked, of a plea offer by the prosecution. Soon after that offer expired, Frye was arrested again (for a fifth time) for driving while revoked. Later, Frye entered a guilty plea without the benefit of any plea offer, and the court sentenced him to three years in prison.

The question before the Court is whether a counsel’s failure to communicate the plea offer prior to its expiration resulted in representation so substandard as to deny the defendant the constitutional rights afforded him under the 6th Amendment.

Attorney General Koster will advocate the law-enforcement position that Mr. Frye’s conviction should stand, and he should not be allowed to withdraw his guilty plea.