updated 11/5/2007 1:33:42 PM ET 2007-11-05T18:33:42

The Supreme Court stepped into a death penalty case Monday in which a defendant says his lawyers gave him bad advice by telling him to reject a plea deal that would have spared him a death sentence.

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Maxwell Alton Hoffman was convicted in connection with a revenge killing in Idaho and sentenced to death in 1989. He appealed, claiming he should be allowed to take the deal prosecutors offered anyway.

The 9th U.S. Circuit Court of Appeals agreed. The San Francisco-based appeals court said the state must either release Hoffman or again offer him a plea deal that he originally turned down — allowing him to plead guilty in exchange for prosecutors no longer seeking the death penalty.

The state appealed to the Supreme Court. The justices said they would decide whether Hoffman is entitled to the plea deal, even though he was later convicted and sentenced in a fair trial.

Hoffman was one of three men charged with the murder of a man who served as a police informant in a drug deal.

The other two defendants avoided the death penalty. Hoffman, however, refused to plead guilty on the advice of his attorneys, even though prosecutors told him that if he refused the plea deal they would seek the death penalty.

One of Hoffman's attorneys — William Wellman — told Hoffman he believed that a recent appellate court ruling out of Arizona showed that Idaho's similar death penalty scheme was unconstitutional, and that it was only a matter of time before Idaho's death penalty scheme would be overturned in court.

But Idaho's death penalty scheme wasn't immediately overturned, and on June 9, 1989, Hoffman was sentenced to death.

The case is Arave v. Hoffman, 07-110.

Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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