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Fourth Circuit: Appeal Waiver Does Not Bar Challenge to Special Conditions Not Orally Pronounced in Open Court
by Dale Chappell
The U.S. Court of Appeals for the Fourth Circuit held that a challenge to non-mandatory conditions of supervised release that were not orally pronounced in open court with the defendant present is not barred by an appeal waiver in a plea agreement.
When the U.S. District Court ...
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More from this issue:
- Reevaluating Capital Punishment and Psychosis: How Sane Must We Be to Qualify for Execution?, by Michael Fortino, Ph.D
- Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop, by Derek Gilna
- Drivers Beware: The Deadly Perils of Blank Check Traffic Stops, by Nisha Whitehead, John W. Whitehead
- U.S. District Court Grants Compassionate Release Based Entirely on Nearly Three-Decade-Old Sentencing Error, Reduces Life Sentence, by Dale Chappell
- Decades of Data Link Juvenile Lead Exposure and Criminal Behavior, by Casey Bastian
- New Jersey Governor Celebrates Juneteenth by Signing ‘Ban the Box’ Into Law, by Dale Chappell
- Fourth Circuit: Appeal Waiver Does Not Bar Challenge to Special Conditions Not Orally Pronounced in Open Court, by Dale Chappell
- Connecticut Supreme Court: Use of Jailhouse Informant Violated Sixth Amendment Right to Counsel, by Douglas Ankney
- Crime, the Myth, by Emile DeWeaver
- Physics Offers New Perspective on Blood Spatter Investigations, by Michael Fortino, Ph.D
- Texas Court of Criminal Appeals Clarifies Interpretation of Aggravating Provisions of Section 22.01(b)(2)(A) and (B), Charging One Provision at Guilt Phase Doesn’t Confer Jurisdiction to Argue Other Provision at Sentencing Phase, by David Reutter
- Ninth Circuit Affirms Denial of Qualified Immunity to Officers Who Coerced 13-Year-Old to Falsely Confess to Murder, by Douglas Ankney
- Simple Training Can Prevent Police From Mistaking Gun for Taser, by Matthew Clarke
- Seventh Circuit Holds Hobbs Act Robbery Not ‘Crime of Violence’ for Career Offender Enhancement, Likely IAC for Not Anticipating Outcome, by Dale Chappell
- SCOTUS Holds LWOP for Juveniles Does Not Require Finding of Incorrigibility, by Dale Chappell
- Maryland Court of Appeals: Erroneous Anti-CSI Jury Instruction Was Not Harmless Error, by Douglas Ankney
- Fourth Circuit Announces First Step Act Determinations Subject to Procedural and Reasonableness Requirements, by Douglas Ankney
- Michigan Supreme Court: Anonymous Tip Alleging Woman Was Driving Drunk Because She Yelled at Her Children Failed to Provide Reasonable Suspicion for Terry Stop, by Douglas Ankney
- SCOTUS Announces ACCA ‘Violent Felony’ Requires Knowing Use of Force, Not Mere Reckless Conduct, by Dale Chappell
- Eighth Circuit Suppresses Evidence, Ruling Plain View Exception Inapplicable, by David Reutter
- Is 743 Years Imprisonment Enough Time to Teach Someone A Lesson?, by Michael Fortino, Ph.D
- Ninth Circuit Clarifies Montana Supreme Court’s Sentence Review Division Is Not an ‘Appeal’ Triggering Habeas Clock, by Dale Chappell
- Kansas Supreme Court Affirms Dismissal of Convictions After State Fails to Preserve Issue for Appeal, by Dale Chappell
- New York City Ends Qualified Immunity for Police, by Matthew Clarke
- Pennsylvania Supreme Court Clarifies Standard for Admission of Evidence of Third Party Guilt, by Douglas Ankney
- D.C. Circuit: Ambiguous Plea Agreement Requires Interpretation in Favor of Defendant, by David Reutter
- Sixth Circuit: First Step Act Amendments to § 924(c) Inapplicable to Defendant Sentenced Before Act’s Effective Date Even When Sentence Later Vacated, by Douglas Ankney
- Ninth Circuit: Oregon’s UUW Statute Improperly Assimilated Under Federal Assimilative Crimes Act, by Douglas Ankney
- Pennsylvania Supreme Court Frees Bill Cosby, by Richard Resch
- "Arizona Supreme Court Announces ‘Reasonable Possibility’ Standard in Balancing Right to Present Complete Defense Against Victim’s Refusal to Disclose Privileged Medical Records", by Douglas Ankney
- A New Age of Video Analytics, by Jayson Hawkins
- D.C. Circuit: Counsel’s Failure to Object to District Court’s Reliance Upon Wrong Sentencing Guideline Constitutes Ineffective Assistance, by Douglas Ankney
- Wisconsin Supreme Court: Department of Corrections Database on Sex Offenders Evaluated for Civil Commitment Discoverable in Civil Commitment Proceeding, by Matthew Clarke
- Illinois Supreme Court: State Failed to Prove Constructive Possession of Firearm, by Anthony Accurso
- Pennsylvania Supreme Court: Single Conviction for Non-Enumerated Crime of Violence Does Not Qualify as History of Violent Behavior Under RRRI Act, by Douglas Ankney
- Unjust Civil Asset Forfeiture in Phenix City, Alabama, by Edward Lyon
- Florida Police Accused of Misconduct Given Second Chances, by David Reutter
- The Vallejo Cop Controversy: Whistleblowers Expose a Secret Club of Killers, by Jayson Hawkins
- Fusion Technology Enables Vast Police Surveillance, by Jayson Hawkins
- Building Data on Police Conduct, by Jayson Hawkins
- Domestic Terrorism Laws and Civil Liberties, by Jayson Hawkins
- Report: Encryption No Barrier to Feds, by Jayson Hawkins
- News in Brief
More from Dale Chappell:
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
- Federal Habeas Corpus: How to Raise an Actual Innocence Claim, Dec. 15, 2022
- Federal Habeas Corpus: Role of the Magistrate Judge, Nov. 15, 2022
- Federal Habeas Corpus: Obtaining Habeas Relief After a Guilty Plea, Oct. 15, 2022
- Government Snitches Rake in Millions as Their Testimony Is the Leading Cause of Wrongful Convictions, Sept. 15, 2022
More from these topics:
- Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, May 15, 2024. U.S. Sentencing Guidelines, Career Offenders, Recidivist Enhancements.
- Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis, April 15, 2024. Sex Offender Registration, U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Military.
- U.S. Sentencing Commission Greenlights Retroactive Sentence Reductions, March 1, 2024. U.S. Sentencing Guidelines, Guideline Amendment/Variances and Retroactivity.
- Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing, Feb. 15, 2024. U.S. Sentencing Guidelines, Applicable Guidelines Issues, Sentencing Hearing, Right to be Present, Conditions of, Remands/Rehearings/Resentencings.
- Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated, Feb. 15, 2024. U.S. Sentencing Guidelines, Resentencing, Revocation/Modification of Probation, etc., Revocation Proceedings.
- Federal Sentencing Guidelines Undergo Substantial Amendments, Jan. 15, 2024. U.S. Sentencing Guidelines, First Step Act, Violence Against Women Act, Criminal History, Qualifying Offenses, Sentence Enhancements/Departures, Sexual Abuse/Harrassment/Exploitation, Sexual Exploitation of Minors, Federally Protected Rights, Sexual Conduct with Minors, Sentences - Authorized, Safety Valve, Acceptance of Responsibility, Preservation of Judicial Resources, Legal or Factual Challenges - assertion of.
- Third Circuit: Pennsylvania Conviction for First-Degree Aggravated Assault Does Not Require Physical Force so Is Not Qualifying Predicate for ACCA Purposes, Dec. 15, 2023. U.S. Sentencing Guidelines, Three Strikes, Career Offenders, Three Strikes Statutes/Rule, Recidivist Enhancements.
- Sixth Circuit: District Court Committed Procedural Error by Impermissibly Ceding Its Discretion to Congress to Determine Guidelines’ Crack-to-Powder Ratio at Sentencing, Dec. 15, 2023. U.S. Sentencing Guidelines, Fair Sentencing Act of 2010, Sentencing Findings, Miscalculation of the Guidelines Sentencing Range.
- No Compassionate Release for Bank Robber Turned Angel of Mercy at North Carolina BOP Lockup, Dec. 1, 2023. Cancer, U.S. Sentencing Guidelines, Compassionate Release.
- Ninth Circuit Revives Former Nevada Prisoner’s Claim for Deprivation of Sentence Credit, Nov. 15, 2023. U.S. Sentencing Guidelines, Credits, Denial of Due Process.
