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Seventh Circuit: Incompetent Advice to Reject Plea Offer Requires Evidentiary Hearing
Loaded on Nov. 15, 2020
by David M. Reutter
published in Criminal Legal News
December, 2020, page 32
Filed under:
Failure to Address/Advise Defendant.
Location:
United States of America.
by David M. Reutter
The U.S. Court of Appeals for the Seventh Circuit held a district court erred in failing to grant an evidentiary hearing on a claim that counsel rendered ineffective assistance by advising him to reject a favorable plea agreement without having reviewed the case file.
David L. ...
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More from this issue:
- North Carolina Supreme Court Announces Harbison Applies When Defense Counsel Implies Defendant’s Guilt Without Prior Consent, by Douglas Ankney
- Revocation Nation: Reincarceration for Technical Parole Violations in the Age of COVID-19, by Jean Trounstine
- Federal Habeas Corpus: Time Limits for Filing, by Dale Chappell
- First Circuit Announces Residual Clause of U.S.S.G. § 4B1.2(a)(2) When Applied Pre-Booker Is Unconstitutional Under Johnson, by Douglas Ankney
- Why Coroners Often Blame Police Killings on a Made-Up Medical Condition, by Samantha Michaels
- Cincinnati Police Department Agrees to Audit of Its DNA Database, by Douglas Ankney
- Fourth and Fifth Circuits Reopen Decades-Old Cases for Habeas Relief Due to Brady Violations, by Dale Chappell
- Time to Curb Police Unions, by Bill Barton
- Massachusetts Supreme Court: Brady Requires Disclosure of Exculpatory Material Revealed During Immunized Testimony Before Grand Jury, by Douglas Ankney
- Eighth Circuit Vacates Sentence After District Judge Interfered With Plea Negotiations and Made Disparaging Remarks About Federal Judiciary, by Douglas Ankney
- Mississippi Supreme Court: Cannot Declare Mistrial on All Counts After Jury’s Acquittal on Some Counts, by Anthony Accurso
- California Court of Appeal Reverses Murder Conviction Because Superior Court Erred by Allowing Deceased’s Out-of-Court Statements Into Evidence, by Douglas Ankney
- From the Editors
- New Report Shows More Than Half of Wrongful Convictions Involved Misconduct by Police and Prosecutors, by Dale Chappell
- Seventh Circuit: Prior Conviction Under Overbroad State Drug Statute May Be Used in Career Criminal Enhancement But Not For Prior Drug Crimes Enhancement, by Matthew Clarke
- Hawai’i Supreme Court Announces Admissibility of Third-Party Culpability Evidence Is Same Relevancy Test That’s Applied for Other Evidence, Superseding Rabellizsa, by Douglas Ankney
- Fifth Circuit: Consecutive Sentence for FTA Must Be Part of ‘Total Punishment,’ Not Merely a Stacked Sentence
- Colorado Supreme Court: Felony DUI Conviction Requires ‘Mandatory Sentencing’ Triggering Right to Preliminary Hearing, by Anthony Accurso
- Second Circuit: Nondescript Photo of Unidentified Black Male Insufficient Grounds to Conduct Investigatory Stop, by Anthony Accurso
- Sixth Circuit Vacates First Step Act Resentencing Denial Where Court Failed to Consider Post-Sentencing Conduct, by Anthony Accurso
- Federal Judges Beginning to Reject Geofence Warrants, by Anthony Accurso
- Montana Supreme Court: Renter’s Privacy Not Diminished By Landlord’s Probationary Status, by Anthony Accurso
- Fifth Circuit: Safety Valve Isn’t Up to the Government, by Dale Chappell
- Maine Supreme Court: SORNA Ruled Ex Post Facto Punishment for Defendant, by Anthony Accurso
- Seventh Circuit: Incompetent Advice to Reject Plea Offer Requires Evidentiary Hearing, by David M. Reutter
- New Hampshire Supreme Court Announces Adoption of Lafler When Reviewing IAC Claims in Plea Bargain Cases, by Douglas Ankney
- Colorado Supreme Court: Convictions for Murder and Attempted Murder Violate Double Jeopardy, by Douglas Ankney
- Third Circuit Announces Resentencing Under First Step Act Requires Use of § 3553(a) Factors, by Dale Chappell
- Kansas Supreme Court Reverses Conviction Where Trial Court Refused to Give Self-Defense Instruction, by Douglas Ankney
- Ninth Circuit: California Conviction Under § 261.5(c) Not Predicate Offense For § 2252(b)(1) Enhancement, by Anthony Accurso
- COVID-19 Has Profound Effect on Breadth and Scope of Law Enforcement Agencies, by Michael Fortino, Ph.D
- Sixth Circuit Vacates Sentence Where Upward Variance Based on Criminal History Had Little Bearing on Instant Offense, by Douglas Ankney
- Washington Supreme Court Announces Prohibition Against Blanket Shackling Policies at Pretrial Proceedings, by Anthony Accurso
- Second Circuit Announces Compassionate Release Motion by Prisoner Not Constrained by Outdated Guideline § 1B1.13, Application Note 1(D), by Dale Chappell
- Colorado Supreme Court Holds Successfully Completed Deferred Judgment Does Not Count as Conviction Barring Relief From Sex Offender Registration, by Matthew Clarke
- $12 Million Settlement Against Louisville, Kentucky, by Edward Lyon
- Review Board Has No Power Over NYPD, by Kevin Bliss
- Shielding Police Identities: A Law That Cuts Both Ways, by Michael Fortino, Ph.D
- Exodus of a Baker’s Dozen, by Edward Lyon
- PBA Cards and the Problem with Police Discretion, by Jayson Hawkins
- Proliferation of Police Drones Feeds Big Brother’s Need for Big Data, by Anthony Accurso
- For-Profit Lexipol Takes Over Writing Departmental Policy for Public Safety, by Kevin Bliss
- Thirty-Fourth Conviction Based on Bite Mark Forensics Overturned, by Kevin Bliss
- Guilt by Google, by Jayson Hawkins
- Technology and Police Reform, by Anthony Accurso
- Would the Real Officer Friendly Please Stand Up?, by Casey Bastian
- Government Enforcers Are Still Cops, by Jayson Hawkins
- News in Brief
More from David M. Reutter:
- Fifth Circuit Kills Suit by Louisiana Prisoners Whose Release Dates Were Incorrectly Calculated, Aug. 15, 2023
- Federal Court Upholds and Monitors Requirement for Tennessee Jail to Provide COVID-19 Vaccination for Detainees, July 15, 2022
- Federal Courts Order Seizure of Canteen Funds for Restitution Owed by High-Profile Prisoners, July 15, 2022
- California Court Rules Bail Bond Companies Must Give Cosigners Financial Impact Notice, July 15, 2022
- Supreme Court of Kansas: Lower Court Did Not Have Authority to Revoke Probation Without a Warrant, July 15, 2022
- Idaho Supreme Court: Telephonic Testimony Violated Defendant’s Sixth Amendment Right to Confrontation, June 15, 2022
- Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal, June 15, 2022
- Supreme Court of Iowa: Sentence Vacated Because Prosecution Failed to Follow Spirit of Plea Agreement Requiring Recommendation of Suspended Sentence, June 15, 2022
- Wisconsin Prisoner In Vegetative State After Suicide Attempt Wins New Trial on Jury Instruction Error, July 1, 2021
- Illinois Prisoner’s Negligence Lawsuit Alleging Injuries from Wart Treatment Timely Filed, July 1, 2021
More from these topics:
- Vermont Supreme Court Announces Prejudice Determination for IAC Claim Based on Rejected Plea Offer Limited to Evidence Available at Time Plea Considered—Not Any Subsequent Evidence, April 15, 2024. Failure to Address/Advise Defendant, Consequences of Plea.
- Tenth Circuit Vacates Conviction, Rules Waiver of Trial Counsel Not Knowingly Made, Aug. 15, 2020. Failure to Address/Advise Defendant, Knowingly and Voluntarily Made.
- U.S. v. Brown, No. 08-1207-cr (2nd Cir.) (623 F.3d 104) (October 19, 2010) (Judge Peter W. Hall), Nov. 1, 2010. Punch And Jurists, Failure to Address/Advise Defendant.
- U.S. v. Caracappa, No. 09-1177-cr (2nd Cir.) (614 F.3d 30) (July 23, 2010) (Judge Amalya Lyle Kearse), Sept. 1, 2010. Punch And Jurists, Failure to Address/Advise Defendant.
- Smith v. U.S., No. 01-5215 (6th Cir.) (348 F.3d 545) (November 3, 2003) (Judge David M. Lawson), Oct. 1, 2003. Punch And Jurists, Failure to Address/Advise Defendant.
- Griffin v. U.S., No. 01-3818 (6th Cir.) (330 F.3d 733) (June 4, 2003) (Judge Avern Levin Cohn), May 1, 2003. Punch And Jurists, Failure to Address/Advise Defendant.
- U.S. v. Leonti, No. 01-17113 (9th Cir.) (326 F.3d 1111) (April 24, 2003) (Judge Michael Daly Hawkins), April 1, 2003. Punch And Jurists, Failure to Address/Advise Defendant.
- U.S. v. Gore, No. 01-51131 (5th Cir.) (298 F.3d 322) (July 10, 2002) (Judge Jerry E. Smith), Sept. 1, 2002. Punch And Jurists, Failure to Address/Advise Defendant.
- Duke v. Cockrell, No. 01-10232 (5th Cir.) (292 F.3d 414) (May 21, 2002) (Per Curiam), July 1, 2002. Punch And Jurists, Failure to Address/Advise Defendant.
- U.S. v. Reyes, No. 01-50737 (5th Cir.) (300 F.3d 555) (July 25, 2002) (Judge Carl E. Stewart), July 1, 2002. Punch And Jurists, Failure to Address/Advise Defendant.
