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SCOTUS: Presumption of Prejudice Recognized in Flores-Ortega Applies Regardless of Defendant’s Appeal Waiver

by Douglas Ankney

The Supreme Court of the United States (“SCOTUS”) held that the presumption of prejudice recognized in Roe v. Flores-Ortega, 528 U.S. 470 (2000), applies regardless of whether a defendant has signed an appeal waiver.

Gilberto Garza, Jr. signed two plea agreements. In the agreements, Idaho agreed: ...

 

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