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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
by David M. Reutter
In a case of first impression, the Vermont Supreme Court held “that in determining whether the criminal court would have accepted a plea agreement,” the Post-Conviction Relief (“PCR”) “court can consider only evidence that was available to the criminal court at the time it would have ...
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More from this issue:
- Massachusetts State Police Facing Possible Class Action Lawsuit for Illegal Recordings
- Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment?, by David Reutter
- Cellebrite Asks Law Enforcement Clients to Keep Its Phone Hacking Tech Secret, by Jo Ellen Nott
- California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment, by Anthony Accurso
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, by Matthew Clarke
- Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis, by Douglas Ankney
- Pharmacies Are Giving Your Prescription Data to Police Without a Warrant, by Anthony Accurso
- What Happens When Prosecutors Offer Opposing Versions of the Truth?, by Ken Armstrong
- New York Court of Appeals Declines to Adopt Per Se Rule That Handcuffed Person Is Always ‘In Custody’ for Miranda Purposes, but Holds the Handcuffed Defendant Was ‘In Custody’ and Suppress Incriminating Statements, by Douglas Ankney
- Research Shows It Makes Sense to Hire Individuals with Criminal Records, by Jo Ellen Nott
- Fifth Circuit: Admission of DHS Investigation Form G-166F at Trial Where Preparer of Form Did Not Testify Violates Confrontation Clause and Rule Against Hearsay, by Douglas Ankney
- AI Disrupts Established Forensic Fingerprint Analysis—Not Every Fingerprint Is Unique, by Jo Ellen Nott
- Does the Fourth Amendment Protect Cellphones at the Border?, by Douglas Ankney
- New York Governor Signs Law Sealing Millions of Criminal Records From Public View, by Douglas Ankney
- Massachusetts Supreme Judicial Court Announces Constructive Denial of Right to Counsel Where Defense Counsel Sleeps for Significant Portion or During Important Aspect of Trial, by David Reutter
- California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data, by Anthony Accurso
- Utah Supreme Court Announces Communication of Cellphone Passcode Protected by Fifth Amendment and Rules Advising Jury of Defendant’s Refusal to Disclose Passcode Violates Privilege Against Compelled Self-Incrimination, by Anthony Accurso
- Tracking Your Cellphone Might Be Easier Than You Think, by Michael Thompson
- 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, by David Reutter
- Time Served Under the First Step Act: Reduction, Not Revolution, by Jo Ellen Nott
- One Year of New Orleans Police Department Facial Recognition Data, by Michael Thompson
- Police Bodycams: If You Film It …, by Michael Thompson
- The FBI’s Rapidly Expanding DNA Database, by Anthony Accurso
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, by Dale Chappell
- ‘Trail ’Em, Nail ’Em, and Jail ’Em’: Issues Private Probation and Parole, by Jo Ellen Nott
- New York Court of Appeals: Admission of Prior Bad Acts Evidence to Prove Propensity to Commit Crime Harmful Error, by David Reutter
- Potential Dangers of Medical Monitors, by Michael Thompson
- FBI’s Bias for Keywords, by Carlo Difundo
- Crime Scene Context: Bridging the Gap Between Evidence and Reconstruction, by Jo Ellen Nott
- Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights, by Anthony Accurso
- News in Brief
- ‘Blatant Miscarriage of Justice’: Oklahoma Man Exonerated of Wrongful Conviction After 35 Years Despite Former Prosecutor’s Attempt to Perpetuate Injustice, by Douglas Ankney
More from David Reutter:
- Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals, April 15, 2025
- Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
More from these topics:
- First Circuit: Defendant Did Not Understand Consequences of Guilty Plea Because District Court and Counsel Led Him to Reasonably Believed Plea Agreement Would Result in Sentence Below Applicable Mandatory Minimum, June 15, 2024. Consequences of Plea, Awareness of Consequences, Credits, Knowingly and Voluntarily Made.
- Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, May 15, 2024. Juries - Fair and Impartial, Impartial Jury, Fair Cross Section Requirement, Consequences of Plea, Misleading Advice/Statements to Defendant, Knowingly and Voluntarily Made.
- California Supreme Court Announces Standard of Review and Required Showing for Prejudicial Error Under § 1473.7 to Vacate Plea Due to Lack of Understanding of Immigration Consequences, Jan. 15, 2022. Consequences of Plea, Immigration Law/Offenses.
- New Mexico Supreme Court: Constitutional Error to Accept Plea Without Assistance of Counsel, Aug. 15, 2021. Consequences of Plea.
- Seventh Circuit: Incompetent Advice to Reject Plea Offer Requires Evidentiary Hearing, Nov. 15, 2020. Failure to Address/Advise Defendant.
- 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.
