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-MARRAa JANE DOE 1 and JANE DOE 2, Plaintiffs, v. 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. Loiter v. 132 S. Ct. 1376, 1384 (2012); Missouri v. Frye, 132 S. Ct. 1399, 1407-09 (2012). Under Lafler 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 intervenor lawyers and limited intervenor Jeffrey Epstein submit Lafter and Frye in support of their motions for protective orders and their objections to disclosure and use of plea negotiations by Jane Doe 1 and Jane Doe 2. The limited intervenors also submit Luger and Frye in direct support of their arguments that the Court should recognize a common-law privilege in this case under Rule 501 in part because plea negotiations are an integral part of our criminal justice system. This was expressly recognized by the EFTA02753825