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West Virginia Supreme Court Vacates Sentence After State Violates Plea Bargain by Making Recommendation at Sentencing
Loaded on Jan. 18, 2019
by Matthew Clarke
published in Criminal Legal News
February, 2019, page 22
Filed under:
Misconduct/Corruption.
Location:
Virginia.
by Matt Clarke
The Supreme Court of Appeals of West Virginia ruled that a prosecutor’s recommendation that sentences should be served consecutively violated a plea agreement requiring the State to “remain silent on a recommendation at sentencing.” The Court vacated the sentence and remanded the case for resentencing before a …
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More from this issue:
- News in Brief
- Race-Based Arrests Rampant in San Francisco, by Kevin Bliss
- Tracking the Prevalence of Police Crime, by David Reutter
- Former Balch Springs, Texas, Officer Found Guilty of Murder of Black Teen, by Kevin Bliss
- Massachusetts Drug Lab Scandal: Thousands More Cases Likely Affected, by Kevin Bliss
- $225,000 Settlement by Detroit for Unjustified Shooting of Dogs in Drug Case, by Derek Gilna
- Why Defining a ‘Credible Witness’ in Criminal Trials Is a Slippery Slope, by Steve Horn
- Illinois Law on Informants Designed to Avoid Wrongful Convictions, by Betty Nelander
- ‘Innocent Man Almost Executed’ Freed After Decade on Death Row, by Betty Nelander
- Washington Governor Expects to Pardon About 3,500 for Single Misdemeanor Pot Convictions, by Betty Nelander
- Police Commit Significant Number of Sex Crimes, Which May Shock the General Public but Not Those Familiar with Law Enforcement, by Kevin Bliss
- Juror Bias Often Triggered by Severity of Crime Charged, by Edward Lyon
- Investigation and Arrest of Mail Bomb Suspect Rips Cover Off Postal Surveillance, by Derek Gilna
- Campus Cops on Municipal Streets Raises Transparency and Accountability Concerns, by Virginia Griese
- Louisiana Ends Jim Crow-era Law: Unanimous Jury Requirement Now in Constitution, by Virginia Griese
- ‘Texas Reneging on Deal’ With Draconian Sex Offender Registry, but Some Are Fighting Back, by Edward Lyon
- Montana Supreme Court: Retrial Following Mistrial Declared Without ‘Manifest Necessity’ Violates Prohibition on Double Jeopardy, by Mark Wilson
- U.S. Senator Sounds Alarm on Privacy, Public Safety Concerns of Cell-Site Simulators, by Derek Gilna
- DEA Agents Trap Cocaine-Trafficking Suspects with Doctored Blackberrys, by Derek Gilna
- Federal Judge Signals That Defense Counsel Will Be Permitted To Argue Jury Nullification in Questionable Child Porn Prosecution, by Chad Marks
- Texas Court of Criminal Appeals Rules Defense Attorney Violated McCoy, Reverses Capital Convictions and Orders New Trial, by Chad Marks
- Nevada Supreme Court Reverses Convictions Where Trial Court Failed to Conduct Third Step of Batson Challenge, by Chad Marks
- Sixth Circuit: Tennessee Aggravated Sexual Battery Is Not a SORNA Tier III Offense, by Christopher Zoukis
- Georgia Supreme Court: Asportation Required to Support Kidnapping Conviction, by David Reutter
- Montana Supreme Court Overrules Its Precedents Confusing Venue and Jurisdiction, Announces Venue Is Waivable But Cannot Waive Jurisdiction, by Dale Chappell
- California Court of Appeal: Commissioner Cannot Preside Over Parole Revocation Hearing Absent Stipulation, by Douglas Ankney
- Wisconsin Supreme Court Rules Attempt to Close Door in Officer’s Face Clear Signal that Consent Not Given for Warrantless Entry, by Douglas Ankney
- Report: Bitemark Analysis Debunked as Pseudoscience, by Richard Resch
- Montana Supreme Court: City May Not Impose Local Surcharge Not Authorized by State Law for Violation of State Criminal Statute, by Derek Gilna
- Sixth Circuit Holds Tennessee Burglary Not Violent Felony Under ACCA, Overturning Previous Controlling Authority in Light of SCOTUS’ Mathis Opinion, by Dale Chappell
- Maine Supreme Court Rules Double Jeopardy Bars Re-Use of Evidence at Second Trial After Acquittal Based on Same Evidence at First Trial on Different Charges, by Dale Chappell
- West Virginia Supreme Court Vacates Sentence After State Violates Plea Bargain by Making Recommendation at Sentencing, by Matthew Clarke
- Tenth Circuit Clarifies Proper Test for Pretrial Hearing on Seized Assets Needed to Retain Counsel, by Matthew Clarke
- Public Support for Militarized Policing Ebbs, Fails to Improve Safety, by Edward Lyon
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- Ninth Circuit Remands Drug Case for Reconsideration of Sentencing Guidelines’ Minor-Role Adjustment, by Christopher Zoukis
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- Nebraska Supreme Court Clarifies Award of Time Served Credit for Non-Citizen Awaiting Extradition, Aug. 1, 2025
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, Aug. 1, 2025
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025
- Kansas Supreme Court Revives Prisoner’s Challenge to Loss of Parental Rights, June 1, 2025
- Fifth Circuit Reinstates Baha’i Texas Prisoner’s Dietary Claim, June 1, 2025
- $5.6 Million Settlement for California Prisoner’s Wife Strip-searched During Visit, June 1, 2025
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025
More from these topics:
- News in Brief, Aug. 1, 2025. Staff-Prisoner Assault, Private Prisons, Misconduct/Corruption, Guard Misconduct, Systemic Medical Neglect, Male Reproductive, Malpractice, Escapes, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Excessive Force (Wrongful Death), Juvenile Prisons, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
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- Trump Pardons Virginia Sheriff Convicted of a Bribes-for-Badges Scheme, July 15, 2025. Misconduct/Corruption, Pardons/Clemency, Bribery/Extortion/Theft.
- News in Brief, July 1, 2025. Misconduct/Corruption, Pepper Spray/Tear Gas, Shootings, Dogs, Police--Excessive Force, Brady Violations, Home Search, Bribery/Extortion/Theft, Brady Rule violations, Perjury/Perjured Testimony.
- Former Wisconsin Warden Gets No Cell Time, $500 Fine After Prisoner Deaths, June 1, 2025. Misconduct/Corruption, Guard Misconduct, Failure to Protect (General).
- Salvadoran President’s Dark Secret Allegedly Behind Deal to Hold Deported Migrants in “Mega” Prison, June 1, 2025. Misconduct/Corruption, Conditions of Confinement, Immigration.





