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Commentary: Attacking the Guilty Plea—Court Cautions More Time Possible in Child Porn Case if Post-Conviction Motion Successful
by Dale Chappell
I’M ALWAYS ASKED WHETHER THE COURT can impose a harsher sentence if someone is successful in vacating their conviction or sentence under 28 U.S.C. § 2255. My answer is always the same: It depends, but it can happen.
Usually, a § 2255 motion attacking a guilty plea ...
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More from this issue:
- Blue Lies Matter, by Nia T. Evans
- Missouri Supreme Court: Witness’ Two-Way Live Video Feed Testimony Violates Confrontation Clause, by Jacob Barrett
- Federal Habeas Corpus: Jurisdictional Pitfalls When Seeking Habeas Relief, by Dale Chappell
- New Jersey Supreme Court: Description of Race and Gender of Robbery Suspects, Without More, Doesn’t Constitute Reasonable Suspicion for Investigatory Traffic Stop of Black Motorists, by Mark Wilson
- Commentary: Attacking the Guilty Plea—Court Cautions More Time Possible in Child Porn Case if Post-Conviction Motion Successful, by Dale Chappell
- SCOTUS: No Procedural-Default Exceptions to Excuse Federal Habeas Evidentiary Hearing Bar, by Dale Chappell
- Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal, by David M. Reutter
- Idaho Supreme Court: Telephonic Testimony Violated Defendant’s Sixth Amendment Right to Confrontation, by David M. Reutter
- Ninth Circuit Holds Statute Criminalizing Encouraging or Inducing Alien to Reside in U.S. Is Overbroad and Facially Unconstitutional, by Mark Wilson
- Federal Prosecutors Directed to Stop Obtaining Compassionate Release Waivers From Defendants During Plea Agreements and to Not Enforce Previously Obtained Waivers, by Harold Hempstead
- Cop Training Other Cops to Use Facial Recognition to ID Individuals During Traffic Stops, by Anthony Accurso
- Seventh Circuit: District Court’s Failure to Exercise Discretion After Erroneously Finding Defendant Ineligible for Relief Under First Step Act Was Abuse of Discretion, by Douglas Ankney
- Seventh Circuit Vacates Sentence Where District Court’s Rationale for Defendant’s Offense Level Unclear, by Douglas Ankney
- Supreme Court of Iowa: Sentence Vacated Because Prosecution Failed to Follow Spirit of Plea Agreement Requiring Recommendation of Suspended Sentence, by David M. Reutter
- California Court of Appeal: Trial Court Violated Humphrey by Setting High Bail Without Considering Financial Condition of Defendant or Nonfinancial Conditions of Release, by Matthew Clarke
- U.S. Treasury Bypasses Fourth Amendment by Buying Location Data for Law Enforcement Purposes, by Anthony Accurso
- Texas Court of Criminal Appeals Announces Coty’s ‘Inference-of-Falsity’ Framework Extended to Apply to Police Officers With Established History of Falsifying Evidence in Drug Cases, by Richard Resch
- The Feds Are Monitoring Messaging Apps, and Some Are Shockingly Unsecure, by Anthony Accurso
- Cops in Virginia Beach Used Fake DNA Reports During Interrogations, by Douglas Ankney
- Tenth Circuit Vacates Special Conditions of Supervised Release Where District Court Failed to Make Appropriate Findings and Provide Adequate Explanation, by Douglas Ankney
- Fourth Circuit: Good Cause Not Required to Withdraw Consent to Magistrate Judge’s Jurisdiction Prior to Other Parties Consenting, by Harold Hempstead
- Kentucky Supreme Court: Traffic Stop Impermissibly Extended Where Officer Stopped Writing Citation to Aid Drug-Detection Dog’s Sniff of Vehicle’s Exterior, by Anthony Accurso
- New Jersey Supreme Court: Youth May Be Considered as a Mitigating Factor but Not Aggravating Factor in Sentencing, by David Reutter
- Texas Court of Criminal Appeals Announces Overruled Motion for New Trial May Be Amended With Court’s Leave Within 30-Day Period After Sentenced Imposed, by Matthew Clarke
- Tenth Circuit Announces District Court Abused Discretion by Imposing Harsher Sentence Based on Defendant’s Decision to Plead Guilty Without Plea Agreement, by David Reutter
- Expert Forensic Testimony Flawed by Implicit Racial Bias, by Casey Bastian
- Oregon Becomes 38th State to Enact Wrongful Conviction Compensation Law, by Mark Wilson
- Federal Officers Can Violate Civil Rights With Near Impunity - Supreme Court’s Refusal to Consider New Bivens Contexts Provides Protection to Those Who Abuse Their Authority, by Casey Bastian
- Organization Created Platform to Log Police Misconduct in North Carolina, by Ashleigh Dye
- A Union Scandal Landed Hundreds of NYPD Officers on a Secret Watchlist. That Hasn’t Stopped Some From Jeopardizing Cases., by Jake Pearson
- Police Outsourcing Reduces Transparency, by Anthony Accurso
- COVID-19 Measures Do Not Interfere with Jurors’ Ability to Distinguish Between Truth and Lies, by Casey Bastian
- The Right to be Forgotten, by David Reutter
- Oregon Bans Pre-Conviction Mugshot Public Disclosure, by Mark Wilson
- Racially Disparate Sentencing Patterns Prevalent Amongst Federal Judges, by Casey Bastian
- What Happened When Oakland Tried to Make Police Pay For Misconduct Decades Ago, by Akintunde Ahmad
- Council of State Governments Initiates Efforts to Reduce Barriers to Employment for the Formerly Incarcerated, by Douglas Ankney
- 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:
- Second Circuit: Money Concealment Guilty Plea Vacated for Lack of Evidence to Support Factual Finding of Required Mens Rea, Jan. 15, 2024. Plea Agreements/Guilty Pleas, Offense of Conviction, Acceptance/Rejection by the Court, Validity of.
- California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91, Jan. 15, 2024. State Statutes, Guilty Plea, Resentencing, De Novo Resentencing, Plea Agreements/Guilty Pleas.
- 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. Sentence, Estoppel, Plea Agreements/Guilty Pleas.
- Seventh Circuit Announces Adoption of Uniform Procedure to Be Followed Where Plea Agreement Includes an ‘Appeal Waiver’ and Defendant Files Notice of Appeal, Nov. 15, 2022. Waiver, Plea Agreements/Guilty Pleas.
- Inextricably Intertwined: The Practice of Negotiated Pleas and the Rise of Mass Incarceration in America, Aug. 15, 2022. Effects of Mass Incarceration, Plea Agreements/Guilty Pleas.
- Eighth Circuit: Government Breached Plea Agreement by Relying on Pre-Plea Conduct to Dispute Acceptance of Responsibility Despite Acknowledging Defendant Qualified for Credit in Agreement, July 15, 2022. Breach of Plea/Coop./Immunity Agreements, Plea Agreements/Guilty Pleas.
- Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal, June 15, 2022. U.S. Sentencing Guidelines, Appeals/Appellate Jurisdiction, Appellate Jurisdiction/Review.
- Federal Prosecutors Directed to Stop Obtaining Compassionate Release Waivers From Defendants During Plea Agreements and to Not Enforce Previously Obtained Waivers, June 15, 2022. Compassionate Release, Plea Agreements/Guilty Pleas.
- Supreme Court of Iowa: Sentence Vacated Because Prosecution Failed to Follow Spirit of Plea Agreement Requiring Recommendation of Suspended Sentence, June 15, 2022. U.S. Sentencing Guidelines, Cause and Prejudice, Plea Agreements/Guilty Pleas.
- A Guide to Getting the Most Out of a Plea Bargain, March 15, 2022. Plea Agreements/Guilty Pleas.