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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

by Punch & Jurists

In Chua, District Judge Jack Weinstein of the E.D.N.Y. addressed what he called “an important constitutional Issue” — namely, “whether a defendant may, in effect, be forced by the government to waive, as part of a plea agreement, his or her constitutional right to ...

 

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