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Attacking the Guilty Plea: Waivers, Breaches, and Getting More Time After a Successful Challenge
Loaded on Oct. 15, 2020
by Dale Chappell
published in Criminal Legal News
November, 2020, page 14
Filed under:
Plea Agreements/Guilty Pleas,
Knowingly and Voluntarily Made,
Withdrawal.
Location:
United States of America.
by Dale Chappell
In this final column based on my book, WinningCites: Attacking the Guilty Plea, we’ll go over how plea waivers and breaches of plea agreements impact challenging a guilty plea, and we’ll also dig into one of the most-asked questions I hear: Can I get more time ...
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More from this issue:
- Police Unions: Obstacles to Criminal Justice Reform and Police Accountability, by Douglas Ankney
- Fourth Circuit Announces Discretionary Conditions of Supervision Must Be Orally Pronounced at Sentencing, by Anthony Accurso
- Deal Presented by Kentucky Prosecutor Evidence of Effort to Smear Breonna Taylor, by Casey Bastian
- Attacking the Guilty Plea: Waivers, Breaches, and Getting More Time After a Successful Challenge, by Dale Chappell
- Pennsylvania Supreme Court Announces Reckless Prosecutorial Misconduct Constitutes Overreaching Sufficient to Trigger Double Jeopardy Protections, by Douglas Ankney
- The 1971 Stanford Prison Experiment Showing Authoritarian Abuse Still Relevant Today, by Michael Fortino, Ph.D
- Powerful New Tool Reveals Federal Sentencing Problems, by Dale Chappell
- Campaign Zero Advocates for Police Accountability, by Jayson Hawkins
- Sixth Circuit Finds IAC for Failure to Raise ‘Clearly Foreshadowed’ Change in Law on Appeal, by Dale Chappell
- Ninth Circuit: Use of Unconvicted Conduct Too Dissimilar to Charged Offense Violates Due Process, by Dale Chappell
- Fifth Circuit Grants Habeas Relief Because Detective’s Testimony of Witness Identification of Defendant Violates Confrontation Clause, by Dale Chappell
- Indiana Supreme Court Announces New Analytical Framework for Review of Substantive Double Jeopardy, Overruling Richardson, by Douglas Ankney
- Idaho Supreme Court Announces False Rape Allegations May Be Admitted Regardless of When Made, by Anthony Accurso
- Federal Judge Criticizes Qualified Immunity and Challenges SCOTUS to Abolish It, by Anthony Accurso
- Fifth Circuit Reverses Conviction Based on Prejudicial Prosecutorial Misconduct, by Douglas Ankney
- Arizona Supreme Court Declares Gang-Association Statute Unconstitutional, by Dale Chappell
- Mississippi Supreme Court Vacates Capital Murder Conviction Obtained With Bite Mark Comparison Evidence, by Matthew Clarke
- Eighth Circuit: Counsel Ineffective for Not Recognizing § 851 Enhancement Should Not Have Applied, by Anthony Accurso
- First Circuit: Dangerousness of Machine Guns Not Justification for Above-Guidelines Sentence, by Dale Chappell
- Eleventh Circuit: Time Served Adjustment Is Mandatory Under Sentencing Guidelines Even After Booker, by Matthew Clarke
- Kansas Supreme Court Announces Residual Clause of Law Prohibiting Knife Possession by Felons Unconstitutionally Vague, by Anthony Accurso
- Maryland Court of Appeals: Odor of Marijuana Alone Doesn’t Provide Probable Cause to Arrest and Search Person, by Anthony Accurso
- Ninth Circuit: Mere Passage of Time Doesn’t Attenuate Evidence From Initial Constitutional Violation, by Douglas Ankney
- California Court of Appeal: ‘Violent Victim Rule’ Doesn’t Require Defendant to Have Had Knowledge of Victim’s Propensity for Violence, by Douglas Ankney
- N.J. Supreme Court Announces Defendant Has Right to Question Cooperating Witness About Plea Deal and Possible Sentence Exposure Even When Witness Faced Same Exposure as Defendant, by Douglas Ankney
- Missouri Supreme Court: Circuit Court Erred in Excluding Expert Witness Testimony Regarding Accuracy of Eyewitness Identification, by Douglas Ankney
- Seventh Circuit: Solo Masturbation Near Fully Clothed and Sleeping Child Does Not Constitute Production of Child Pornography, by Anthony Accurso
- California Supreme Court Reverses Murder Conviction and Death Sentence Because Police Failed To Honor Defendant’s Request for Counsel, by Douglas Ankney
- Fourth Circuit Expands First Step Act’s ‘Covered Offense’ to All of Section 841, by Dale Chappell
- Wisconsin Supreme Court: Officers Wrongly Inventoried Vehicle for Towing, Requiring Suppression of Evidence, by Anthony Accurso
- Sixth Circuit: Michigan Courts’ Procedure Allowing Appellate Counsel’s Withdrawal Unconstitutional, by David Reutter
- Sixth Circuit Clarifies ‘Different Location’ in Robbery Guidelines Enhancement Commentary Requires More Than Herding Victims To Different Room, by Anthony Accurso
- Fed Position on Pot Pushing Vets to Black Market, by Jayson Hawkins
- Minnesota Supreme Court: Coercion Statute Unconstitutionally Overbroad, by Anthony Accurso
- Less Lethal Munitions Still Deadly, by Edward Lyon
- Is the Georgia Bureau of Investigation Ready to Investigate Arbery Cover-Up?, by Jayson Hawkins
- Blue Lives Matter More: Georgia Introduces Hate Crime Bill Designed to Protect the Cops, by Michael Fortino, Ph.D
- Promises to Defund the Police Lead to Increase in Private Security Forces on City Streets, by Casey Bastian
- The Danger of Police Dishonesty, by Jayson Hawkins
- Interrogation Via Zoom: Policing in the Age of COVID, by Jayson Hawkins
- DOJ Report: Massachusetts Narcotics Bureau Relied on Excessive Use of Force, by Kevin Bliss
- Door Bells and Funeral Bells, by Douglas Ankney
- Did Two Judges Violate Ethics in Florida Voting Rights Restoration Case?, by Casey Bastian
- Kettles Are Used for Teas, Kettling is Used for People, by Edward Lyon
- Government Treats Protesting Cities as Enemies of the State, by Kevin Bliss
- News in Brief
More from Dale Chappell:
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- 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
More from these topics:
- First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court, Aug. 1, 2025. Failure to Recommend the Sentence Promised, Plain Error, Plea Agreements/Guilty Pleas, Acceptance/Rejection by the Court.
- Illinois Supreme Court Announces Entering ‘Blind’ Guilty Plea Does Not Waive Defendant’s Right to Challenge Sentence, July 1, 2025. Guilty Plea, Violation of Plea Agreement, Contract Law Principles, Plea Agreements/Guilty Pleas, Validity of.
- A Black Box, a Guilty Plea, and an Uncertain Truth, April 15, 2025. DNA Testing/Samples, Computer Searches, Forensic Sciences, Plea Agreements/Guilty Pleas.
- Shakedown in New Mexico: Decades-Long Police Corruption Scandal Rocks Albuquerque’s DWI Unit, March 15, 2025. Police Misconduct, Bribery, Plea Agreements/Guilty Pleas.
- Former Vermont Sheriff Takes Plea Deal in Sexual Assault Case, March 1, 2025. Staff-Prisoner Assault, Police/Govt Misconduct, Plea Agreements/Guilty Pleas.
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025. Databases, Disclosure of Records, Public Records Act, Federal Rules of Criminal Procedure, Plea Agreements/Guilty Pleas.
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Massachusetts Supreme Judicial Court Clarifies Trial Court Must Conduct Inquiry Whether Defendant Knowingly and Voluntarily Waived Right to Counsel at ‘Any Stage of a Case,’ Including Arraignment or Plea Hearing, Feb. 1, 2025. Counsel - Right to, Knowingly and Voluntarily Made.
- Guard Pleads Guilty to Using Excessive Force at Indiana Jail Sued Nine Times in Two Years, Jan. 15, 2025. Guard Misconduct, Guard Brutality/Beatings, Plea Agreements/Guilty Pleas.
- Kansas Supreme Court Announces Defendant-Witness Retains Fifth Amendment Privilege Against Compelled Self-Incrimination After Guilty Plea and Sentencing as Long as Testimony Sought Presents Legitimate Risk of Incrimination, Dec. 15, 2024. Self Incrimination, Self-Incrimination Clause, Plea Agreements/Guilty Pleas.
