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Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made
by Richard Resch
The U.S. Court of Appeals for the Fourth Circuit vacated the U.S. District Court for the District of Maryland’s order and remanded for discovery and an evidentiary hearing on Kenyon Paylor’s petition to vacate his guilty plea, which alleged his plea was induced by egregious police misconduct ...
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More from this issue:
- Understanding Fusion Centers, by Michael Thompson
- Unconscious Bias: Facial Features Can Influence Life-or-Death Decisions in Verdicts, by Jo Ellen Nott
- LexisNexis Aids Customs and Border Patrol to Flaunt Fourth Amendment, by Anthony Accurso
- Lung Float Test: Junk Science Used to Convict Women of Murder, by David Reutter
- Watchlisted: You’re Probably Already on a Government Extremism List, by Nisha Whitehead, John W. Whitehead
- Studying Ant Bites on Cadavers May Advance Criminal Investigations, by Douglas Ankney
- Illinois Supreme Court Announces § 9-1.2(d) Sets Range of Sentences for Intentional Homicide of Unborn Child but Does Not Convert Offense Into Murder for Life-Sentence Enhancement, by Douglas Ankney
- Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, by Douglas Ankney
- Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term, by Matthew Clarke
- Pennsylvania Supreme Court: Failure to Disclosure Mental Health Report Showing Key Witness Was a Sociopath Constitutes Brady Violation That Prejudiced Defendant, by Anthony Accurso
- Audit Finds LAPD’s Frivolous Use of Helicopters Flunks Cost/Benefit Analysis, by Douglas Ankney
- The Supreme Court’s Forensic Follies, by Michael Thompson
- Texas Court of Criminal Appeals Announces Correct Computation of Time for Purposes of Determining When Statute of Limitations Has Run for Returning Indictment, by Douglas Ankney
- Research Paper Reveals Laypeople Have Insufficient Understanding of False Confessions by Examining Prior Research Based on Surveys and Mock Juries, by David Reutter
- Preliminary Analysis of Recidivism Data After Three Years Under First Step Act Is Promising but Inconclusive, by Jo Ellen Nott
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Hearing to Determine Facts Surrounding Felony Murder Charges for Possible Resentencing Under § 1172.6, by David Reutter
- Interactive Lineups Are a Promising New Tool to Improve Accuracy of Suspect Identification by Eyewitnesses, by Jo Ellen Nott
- New York Court of Appeals Reverses Conviction Because Testifying Criminalist Not Shown to Have Requisite Involvement in DNA Testing Process and Provides Guidance to Avoid Future Sixth Amendment Confrontation Clause Violations, by Anthony Accurso
- Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, by Richard Resch
- First Circuit: Miranda Waiver Not Valid Where Interrogating Officer Answered ‘No’ to Defendant’s Question — ‘None of this can be used against me, can it?’, by Douglas Ankney
- The Potential for Soil Dust Analysis in Forensics, by Anthony Accurso
- Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period, by David Reutter
- California Court of Appeal Reverses Denial of Full Resentencing Under SB 483, by Matthew Clarke
- ‘How The Government Created a Terrorist’: FBI-Manufactured Crimes Reveal Urgent Need for Reforms, by Douglas Ankney
- Improvements to Decertification Procedure for Law Enforcement Officers Guilty of Excessive Force Urgently Needed, by Douglas Ankney
- Minnesota Supreme Court Holds Prosecutor’s Repeated Statements During Closing Arguments That Defendant ‘No Longer Has Presumption of Innocence’ Constitutes Plain Error, Requiring a New Trial, by David Reutter
- New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation, by Richard Resch
- Foundations of Firearms Audio Forensics Built by Dr. Robert Maher Will Continue to Be Important Forensic Tool as More Recording Devices Are Present at Crime Scenes, by Jo Ellen Nott
- Amazon Ring Curbs Police Access to Doorbell Camera Footage—But Privacy Concerns Remain, by Jo Ellen Nott
- FBI Searches of NSA Data Extended Until April, Despite Admission of Unconstitutionality, by Anthony Accurso
- Suspicion of Government Surveillance Increasing, by Anthony Accurso
- Cops’ Sky-High Hopes, by Michael Thompson
- DEA and Police Use Pretense of Consent Searches to Effectively Steal Cash From Airport Travelers, by Anthony Accurso
- A Legal Argument Against Government Purchase of Location Data, by Anthony Accurso
- North Carolina Supreme Court: Outstanding Warrant for Driver Who Fled Accident Scene Does Not Authorize Inventory Search of Disabled Vehicle, by Anthony Accurso
- News in Brief
- Cops Just Love Secret Metadata Collection, by Michael Thompson
More from Richard Resch:
- Special Digital Currencies Issue: Bitcoin and CBDCs What Is Bitcoin? The Answer to Government Surveillance and Control Through Money An Essential Introduction, Glossary of Multidisciplinary Terminology, and Colorful History, Aug. 15, 2025
- From the Editor, Aug. 15, 2025
- SCOTUS Announces Sentence ‘Has Not Been Imposed’ for Purposes of First Step Act Retroactivity Upon Resentencing When § 924(c) Offender Sentenced Prior to Act’s Enactment but Sentence Subsequently Vacated, Aug. 1, 2025
- SCOTUS Announces Courts May Not Consider § 3553(a)(2)(A)—Retribution—When Deciding Whether to Revoke a Term of Supervised Release, Aug. 1, 2025
- Understanding Your Constitutional Rights in the ‘100-Mile Border Zone’: A Primer for Non-Citizens in the United States When Confronted by Law Enforcement, July 1, 2025
- South Carolina Supreme Court Announces Traditional Four-Element Standard for When Person Has Right to Use Deadly Force in Self-Defense Not Applicable to Non-Deadly Force Self-Defense Analysis, May 15, 2025
- SCOTUS Announces Only ‘False’ Statements Made to FDIC Are Criminalized Under 18 U.S.C. § 1014, Not Statements That Are ‘Misleading’ but True, May 15, 2025
- From the Editor Everything You Always Wanted to Know About Holdings and Dicta*, March 15, 2025
- From the Editor, Dec. 15, 2024
- New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense, June 15, 2024
More from these topics:
- Sixth Circuit Upholds $45 Million Verdict for Wrongfully Convicted Former Ohio Prisoner, Aug. 1, 2025. Police Misconduct, Wrongful Conviction, Wrongful Imprisonment.
- Two Exonerated Illinois Prisoners Win Settlements Totaling $14.5 Million, Aug. 1, 2025. Police Misconduct, Wrongful Conviction, Wrongful Imprisonment.
- Fourth Circuit Revives Wrongful Conviction Claim of Exonerated Maryland Prisoner, State Pays Him $3.1 Million, Aug. 1, 2025. Police Misconduct, Wrongful Conviction, Wrongful Imprisonment.
- News in Brief, Aug. 1, 2025. Assault by Police, Misconduct/Corruption, Guard Misconduct, Police Misconduct, Stun Guns/Tasers, Immigration, False Arrest, Evidence - Integrity/Reliability of.
- Arkansas Ex-Police Chief Known as “Devil in the Ozarks” Re-Captured After Prison Escape, July 15, 2025. Police Misconduct, Jail Misconduct, Escapes.
- How Police Departments Hire Bad Cops: The Shadow System Protecting ‘Wandering Officers’, July 1, 2025. Police Misconduct, Government Misconduct, Police/Govt Misconduct.
- Connecticut Compensates Exonerated Prisoners, Reforms Policing, April 15, 2025. Police Misconduct, Settlements, Wrongful Conviction.
- Questionable Retail Theft Panic Fuels More Mass Surveillance and Police Militarization, April 15, 2025. Police Misconduct, Police State-Surveillance, Electronic Surveillance, Fraud and Theft Loss.
- California Police Misused State Databases Over 7,000 Times in 2023, March 15, 2025. Police Misconduct, Databases.
- Shakedown in New Mexico: Decades-Long Police Corruption Scandal Rocks Albuquerque’s DWI Unit, March 15, 2025. Police Misconduct, Bribery, Plea Agreements/Guilty Pleas.