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D.C. Circuit Holds Generic Appeal Waiver Does Not Bar IAC Claim During Sentencing

Loaded on Oct. 31, 2018 by Dale Chappell published in Criminal Legal News November, 2018, page 35
Filed under: Attorneys, Appeals. Location: District of Columbia.

by Dale Chappell

The U.S. Court of Appeals for the D.C. Circuit ruled that a “generic appeal waiver does not affect a defendant’s ability to appeal his sentence on yet-to-arise ineffective-assistance-of-counsel grounds.”

An unnamed defendant in a sealed case signed a plea agreement, on counsel’s advice, that included a generic ...

 

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  1. Judge orders Tacoma to pay fines, attorney fees over stingray records, by Dale Chappell
  2. $150,000 Settlement for Man Beaten by West Virginia State Police
  3. Ninth Circuit Reverses Conviction for Conspiracy to Smuggle Drugs Based Solely on ‘Drug Courier Profile’, by Christopher Zoukis
  4. First Circuit Holds Sixth Amendment Speedy Trial Clock Starts Upon Original, Not Superseding, Indictment When Based on Same Act or Scheme, by Dale Chappell
  5. Texas Woman Receives Five Years in Prison for Illegal Voting After Criminal Conviction, by Derek Gilna
  6. Ohio Governor Commutes Another Death Sentence
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  8. Second Circuit Denies NYPD Qualified Immunity for Use of Military-Grade Acoustic Weapon on Peaceful Protesters, by Christopher Zoukis
  9. Brooklyn, New York’s Top Prosecutor Opens Door for Expungement of Pot Convictions, by Derek Gilna
  10. West Virginia Legislature Impeaches State Supreme Court Justices for Alleged Misconduct, by Derek Gilna
  11. News in Brief
  12. First Circuit Vacates Supervised Release Condition Effectively Prohibiting Contact with His Minor Children, by Matthew Clarke
  13. U.S. Supreme Court: Defendant Sentenced Pursuant to a Rule 11(c)(1)(C) Plea ‘Generally Eligible’ for Sentence Reduction when Guidelines Retroactivity Reduced, by Christopher Zoukis
  14. Federal Judge Orders New Orleans Municipal Court System to Reform Money Bail, by Derek Gilna
  15. D.C. Circuit Holds Generic Appeal Waiver Does Not Bar IAC Claim During Sentencing, by Dale Chappell
  16. Ninth Circuit Affirms $4 Million Verdict for Couple Shot by L.A. County Deputies During Warrantless Entry into Their Home, by Dale Chappell
  17. Civil Libertarians Concerned About Undisclosed FBI Research into Tattoo Recognition Technology, by Derek Gilna
  18. U.S. Supreme Court: Plainly Miscalculated Guidelines Range Requires Appellate Court to Vacate Sentence in the Ordinary Case, by Christopher Zoukis
  19. Indiana Supreme Court Announces Single Act of Resisting Police Bars Multiple Counts, Regardless of Number of Officers Involved or People Killed, by David Reutter
  20. Federal Judge Rules Cullman County, Alabama, Money Bond System Unconstitutional, by Derek Gilna
  21. Is a Florida Chief Judge Taking Cues From a Prosecutor?, by Jacqueline Azis, Somil Trivedi
  22. The Legacy of a Torturer, by Joan Parkin
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  27. The Power of the Prosecutor: A Personal Account, by Ashley Sawyer
  28. Retaliation a Risk When Video Recording Police Brutality, by Kevin Bliss
  29. How to File a Police Complaint, by Kevin Bliss
  30. Kansas Supreme Court Holds Prosecutor’s Blatant Lies to Jury During Closing Argument Constituted Prosecutorial Misconduct Requiring Reversal of Murder Convictions, by Dale Chappell
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