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California Supreme Court Rules That Defense Counsel Can’t Agree to Stipulation That’s Tantamount to Guilty Plea Without Voluntary and Intelligent Waiver by Defendant
by Derek Gilna
The bedrock principle of criminal defense is to force the prosecution to prove its case against his client, but in the case of Randolph Farwell, his attorney agreed to a stipulation of facts that was tantamount to a guilty plea because it admitted each element of the ...
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More from this issue:
- News in Brief
- Florida Deputy Falsifies Drug Field-Test Results, Freeing 11 From Jail, by Edward Lyon
- Police Not Required to Protect; Are They Required to Serve?, by Matthew Clarke
- Delaware Supreme Court: ‘The Sixth Amendment Demands More Than the Presence the Morning of Trial of a Warm Body With a Law Degree’, by Douglas Ankney
- Deadly Force Mindset as Justifiable Defense Questioned, by Kevin Bliss
- L.A. County Wipes Out Almost $90 Million in Debt for Juvenile Detention Fees, by Dale Chappell
- Federal Judge Rules Massachusetts Law Banning Secretly Recording Police in Public Is Unconstitutional, by Dale Chappell
- Fourth Circuit Holds 18 U.S.C. § 924(c)(3)(B) is Unconstitutional, by Douglas Ankney
- In Washington State, a Man’s Home Is No Longer His Castle, by Edward Lyon
- New Jersey Board Finds Suspending Drivers’ Licenses Because of Failure to Pay Court Fines Doesn’t Work, by Dale Chappell
- Fourth Circuit: District Court Must Provide Rationale When Denying Motion for § 3582(c)(2) Sentence Reduction, by Douglas Ankney
- D.C. Circuit Holds Attempted Drug Offenses Do Not Count Toward Career Criminal Designation, by Matthew Clarke
- Pennsylvania Supreme Court Rules as a Matter of 1st Impression That Mother’s Use of Opioids During Pregnancy Not Child Abuse, by Chad Marks
- Fourth Circuit: Unreasonable Post-Seizure Delay in Obtaining Warrant Requires Suppression of Evidence, by Douglas Ankney
- California Supreme Court Rules That Defense Counsel Can’t Agree to Stipulation That’s Tantamount to Guilty Plea Without Voluntary and Intelligent Waiver by Defendant, by Derek Gilna
- Creation of Prosecutorial Watchdog in New York Spotlights Distinction Between Misconduct and Unfair Conduct, by Michael Berk
- Georgia Supreme Court Announces Statute Mandating Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Even After Completion of Sentence Is Facially Unconstitutional, by Douglas Ankney
- Fifth Circuit Rules Miscalculation of Guidelines Sentencing Range Plain Error That Merits Correction Even Though Not Raised by Defendant, by Chad Marks
- Prosecutors Have the Power to Stop Bad Roadside Drug Tests From Ruining People’s Lives, by Sagiv Galai
- Former New Jersey Police Chief Faces Rare Federal Hate Crime Charges
- Cops Seize Almost $150,000 from Black Musician for Not Using His Turn Signal, by Dale Chappell
- Ninth Circuit Vacates a Sentence Imposed for Violation of Supervised Release Because the District Court Failed to Disclose to the Defendant the Probation Officer’s Confidential Sentencing Recommendations
- Fourth Circuit: South Carolina Conviction for Assaulting, Wounding, or Beating Officer While Resisting Arrest Is Not Predicate Violent Felony Conviction Under ACCA, by Douglas Ankney
- Legal Aid Society Counters NYC Police Misconduct With New Database
- Florida Cop Found Guilty of Killing Stranded Driver, a First in 30 Years in State
- Second Circuit: Government’s Misleading Disclosure Warrants New Trial, by Douglas Ankney
- Facial Recognition Gives Police Easier Access to Cellphones, by Dale Chappell
- Why Brady Lists Still Don’t Work, by Douglas Ankney
- Abolishing the Death Penalty Leads to Decline in Murders, by Douglas Ankney
- Fourth Circuit Reverses Dismissal of Habeas and Remands for Hearing on Actual Innocence Claim, by Douglas Ankney
- Federal Judge Denies Qualified Immunity for Cops Who Detained Motorist for Giving Them the Finger, by Dale Chappell
- Seventh Circuit: Failure to Disclose that Star Witness Was Hypnotized is 'Brady' Violation, by Douglas Ankney
- Georgia Supreme Court: Statutes Permitting a Defendant’s Refusal to Submit to Breath Tests to Be Admitted into Evidence Are Unconstitutional, by Douglas Ankney
- Pennsylvania Supreme Court Retroactively Applies Birchfield, Holding that Enhanced Criminal Penalties for Refusing Warrantless Blood Tests are Unconstitutional, by Douglas Ankney
- First Circuit: Failure to Prove a Prior Conviction Was a ‘Controlled Substance Offense’ Under the Guidelines Requires Resentencing, by Douglas Ankney
- Fourth Circuit Announces Reasonably Foreseeable Acts of Co-Conspirators Not Sufficient for Fleeing Sentence Enhancement Under U.S.S.G. § 3C1.2, by David Reutter
- California Supreme Court: Competence Hearing Required When Formerly Incompetent Defendant Quits Taking Psychotropic Medication and Exhibits Signs of Incompetence, by David Reutter
- SCOTUS: Presumption of Prejudice Recognized in Flores-Ortega Applies Regardless of Defendant’s Appeal Waiver, by Douglas Ankney
- California Governor Announces Moratorium on Capital Punishment, by Bill Barton
- Arrests Do Not Necessarily Represent Solved Crimes, by Edward Lyon
- Expert Report Urges Changes to Forensic Analysis in Courtrooms, by Dale Chappell
- Misconduct in the Forensic Science Community Reveals Urgent Need for Greater Oversight, by Kevin Bliss
- Q&A: Ineffective Assistance of Counsel: Which Errors Are Worth Pursuing?, by Dale Chappell, Brandon Sample
- Texas Misuses Privacy Law to Withhold In-Custody Death Information, by Edward Lyon
- Plea Bargaining: Prosecutors Leave Trail of Injustice When Playing Hardball with Defendants, by David Reutter
More from Derek Gilna:
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022
- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, Sept. 1, 2021
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, Sept. 1, 2021
- The Fight Over Cellphones in Prisons Rages On, Sept. 1, 2021
- District Court Extends Armstrong Order to Five Additional California Prisons, Sept. 1, 2021
- HRDC Settles Censorship Lawsuit with Johnson County, Kansas Jail for $50,000 and Policy Changes, Aug. 1, 2021
- Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop, July 15, 2021
- Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, June 15, 2021
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, April 15, 2021
- Mississippi Joins Illinois and Few Other States Prioritizing Vaccination of State Prisoners to Slow Spread of COVID-19, April 1, 2021
More from these topics:
- NY Court of Appeals: Right to Review Suppression Decision When Decision Relates Solely to a Count Satisfied by Plea but Isn’t Count to Which Defendant Pled, June 15, 2020. Guilty Pleas, Suppression of Evidence, Motions To Suppress.
- Eighth Circuit: Defendant Who Pleaded Guilty to State Felonies Didn’t Know He Couldn’t Possess Firearms Prior to Sentencing Because He Didn’t Know He Had Been Convicted, Jan. 21, 2020. Guilty Pleas.
- Misadvice About Oregon Time-Served Credit is Ineffective Assistance of Counsel, Dec. 1, 2019. Guilty Pleas, Attorneys, Overdetention.
- Delaware Supreme Court: Where Defendant Competent to Plead ‘Guilty but Mentally Ill,’ He May Revoke Plea Before It Is Accepted, Sept. 17, 2019. Guilty Pleas, Trials, Mental Health.
- Whether State or Federal, Most Convictions Are Overwhelmingly Based on Guilty Pleas, Sept. 16, 2019. Guilty Pleas.
- Former Louisiana Warden Nate Cain, Son of Infamous Burl Cain, Pleads Guilty, July 2, 2019. Misconduct/Corruption, Guilty Pleas, Trials.
- Ohio Supreme Court: Plea Defendant Must Be Informed of Maximum Penalty for Postrelease-Control Violation Prior to Pleading Guilty to a New Felony, June 17, 2019. Guilty Pleas, Post-release, ex-offender, re-entry.
- Second Circuit Rules District Court Improperly Denied Coram Nobis Petition Claiming Ineffective Assistance of Counsel, June 17, 2019. Guilty Pleas, Attorneys, Malpractice (Attorneys).
- Plea Bargaining: Prosecutors Leave Trail of Injustice When Playing Hardball with Defendants, April 12, 2019. Guilty Pleas, Criminal Prosecution, Prosecutors.
- Minnesota Supreme Court Clarifies Rule Against Judicial ‘Participation’ in Plea Negotiations, Jan. 17, 2019. Guilty Pleas, Sentencing.