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U.S. Supreme Court: Guilty Plea No Bar to Defendant Challenging Constitutionality
by Richard Resch
The U.S. Supreme Court held that a guilty plea alone does not bar a federal criminal defendant from challenging the constitutionality of his statute of conviction on direct appeal.
In September 2013, Rodney Class was indicted by a federal grand jury for possessing firearms in his locked ...
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More from this issue:
- Indigent Defense in America: An Affront to Justice, by Christopher Zoukis
- News in Brief
- Mississippi Supreme Court Caps Attorney’s Fees in Wrongful Conviction Cases at 25%
- West Virginia Supremes: Previous Nonviolent Crimes, Life Sentence Unconstitutional, by Dale Chappell
- Fourth Circuit: No Qualified Immunity for Deputies in Shooting of Armed Suspect, by Dale Chappell
- California Court of Appeal Holds State Must Prove Stolen Car’s Value for Felony Theft of Vehicle Conviction, by Dale Chappell
- Don't Take a Genetic Test Without Reading This First
- “Get Out of Jail” Free Cards for Cops’ Family, Friends Cut, by Christopher Zoukis
- Even Prosecutors Can’t Get Secret List of L.A. Cops With Credibility Problems, by Dale Chappell
- Sixth Circuit: Sentence Enhancement Inapplicable, Sales of Guns and Drugs Separate, by Dale Chappell
- Philly Decriminalizes Possession of Small Amounts of Marijuana, by Christopher Zoukis
- Magistrate Judge: Change Rule of Evidence That Allows Prior Conviction to Impeach Witness, by Derek Gilna
- New York Court of Appeals: Defendant Denied Right to Speedy Trial After 6-Year Delay, by Richard Resch
- Texas Supremes: Possession of Gun Does Not Constitute “Use” Under Forfeiture Statute, by Dale Chappell
- Mass. Supremes: Consent to Search in Vehicle Did Not Extend to Engine, by Richard Resch
- Gang Enhancement: California Court Reverses Denial of Motion for New Trial, by Derek Gilna
- $900,000 to Octogenarian Tased by Police
- Fired New Orleans Cops Just Move to Other Departments, by Dale Chappell
- U.S. Supreme Court: Guilty Plea No Bar to Defendant Challenging Constitutionality, by Richard Resch
- Washington Supremes: Former Prisoner Can Take Bar, by Derek Gilna
- Illinois Supremes: Barring Firearms Within 1,000 Feet of Parks Facially Unconstitutional, by Richard Resch
- Lack of Criminal Intent: Missouri Supreme Acquits on Drug Possession Charge, by Suzanne Bring
- Cops Killed 100 Times More Americans Than Terrorists Did in 2017, by Christopher Zoukis
- $275,000 to Man Arrested for Recording Police
- 7 Years Pre-Trial Incarceration: Vacated Convictions
- Pennsylvania Supreme Court: Police Emergency Lights Next to Parked Car Constitute Seizure, by Dale Chappell
- California Supreme: “Beyond a Reasonable Doubt” Standard for Second Strike, by Edward Lyon
- Not Disclosed: NSA-Obtained Evidence, by Derek Gilna
- Video: A Two-Edged Sword, by Michael Avery
- $4.8 Million Settles Kansas City Police Shooting, by Matthew Clarke
- Pennsylvania Supremes: Modified “Vertical” Approach to Collective Knowledge Doctrine, by Richard Resch
- Defense Fails to Present Diminished Capacity, Ninth Circuit Vacates Murder Convictions, by Christopher Zoukis
- Kansas Supremes: No Lifetime Post-Release Supervision, by Derek Gilna
- Mass. Disciplines Prosecutors: No More Business as Usual, by Derek Gilna
- Miranda Violation: 9th Circuit Reverses Murder Conviction, by Christopher Zoukis
- Law Enforcement Scrambles to Hide Stingray Use, by Derek Gilna
- Officer-Involved Shooting Data? Hard to Find!, by Christopher Zoukis
- Defendant’s Right to Testify Violated: Hawaii Supreme Vacates Conviction, by Norma Gonzalez
- Georgia Attempts to Limit Access to Official State Law, by Derek Gilna
- Sheriff Wanted Medical Examiner to Alter Reports, by Dale Chappell
- Witness Misidentification: Ohio Man’s 14 Convictions Vacated, by Mark Wilson
- Texas: Retroactive Application of Law That Decriminalized Specific Conduct Not Violation of Separation of Powers, by Dale Chappell
- Data: High Rate of Sexual Abuse by Cops, by Christopher Zoukis
- $ Millions to Settle Philly Police Misconduct Cases, by Derek Gilna
- Fight Mass Incarceration? There’s an App for That, by Derek Gilna
More from Richard Resch:
- SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, May 15, 2024
- Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, March 15, 2024
- New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation, March 15, 2024
- First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand, Jan. 15, 2024
- Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired, Dec. 15, 2023
- Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge, Dec. 15, 2023
- Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable, Nov. 1, 2023
- New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework, Oct. 1, 2023
- D.C. Circuit Orders New Trial Due to Brady Violations Involving Source of Information, Not Withholding of Information Itself, Oct. 1, 2023
- Wyoming Supreme Court Reverses ‘Contempt of Cop’ Conviction Because Police Were Not Lawfully Performing Their Official Duties, Sept. 1, 2023
More from these topics:
- Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury, Dec. 15, 2023. Jury Instructions, Criminal Procedure, Fair Trial, Verdicts.
- Arizona Exploiting Prisoner Labor for Profit, June 22, 2023. Prison Labor, Constitution, U.S., Constitutional Challenges/Law.
- Colorado Supreme Court Announces Mandatory Lifetime Sex Offender Registration Unconstitutional for Juveniles With Multiple Adjudications, Nov. 15, 2021. Sex Offender Registration, Juveniles, Constitution, U.S..
- Mississippi Supreme Court: Cannot Declare Mistrial on All Counts After Jury’s Acquittal on Some Counts, Nov. 15, 2020. Criminal Procedure, Fifth Amendment.
- In Oklahoma, Lawsuit Options Limited When Prisoners Claim Constitutional Rights Violations, Jan. 8, 2020. Constitution, U.S..
- Partial Justice, Sept. 16, 2019. Judicial Misconduct, Judiciary, Wrongful Conviction, Constitution, U.S..
- Judge Weinstein Holds that an Appeal Waiver Provision in a Plea Agreement that Seeks a Waiver of All Collateral Rights Is Impermissible Under the Constitution Unless it Specifically Enumerates All Exceptions Required by Law So that a Defendant Has Notice, June 17, 2019. Appeals, Constitution, U.S..
- Portion of Illinois Sex Offender Law is Unconstitutional, May 15, 2019. Sex Offender Registration, Sex Offenders (Discrimination), Sex Offender Residence, Constitution, U.S..
- Flipping the Bird, Even Toward a Cop, Is a Constitutionally Protected Right, May 15, 2019. Police Misconduct, Police, Constitution, U.S., First Amendment, rights.
- Fourth Circuit Holds 18 U.S.C. § 924(c)(3)(B) is Unconstitutional, April 12, 2019. Constitution, U.S..
