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Articles by Sam Rutherford

Virginia Supreme Court Announces Parties Are Free to Renegotiate Plea Agreement Not Already Accepted by Trial Court, Which May Not Enforce Original Plea Against Parties’ Wishes

by Sam Rutherford

The Supreme Court of Virginia held that a trial court erred by enforcing a plea agreement after the parties had negotiated a new agreement because the first plea was neither accepted nor rejected by the trial court. This case presented yet another legal issue stemming from delays ...

Ninth Circuit Clarifies ‘Implicit Breach’ Case Law Regarding When Government Breaches Plea Agreement by Responding to Defendant’s Request for Downward Variant Sentence

by Sam Rutherford

The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, clarified when the Government breaches its promise in a plea agreement not to recommend a sentence in excess of the low-end of the Sentencing Guidelines range when responding to the defendant’s request for a downward ...

Third Circuit Announces Rehaif Applies Retroactively to Cases on Collateral Review and Rules Second-in-Time § 2255 Petition Not Successive Where Defendant Resentenced Prior to Second Petition

by Sam Rutherford

The U.S. Court of Appeals for the Third Circuit held that a federal prisoner’s second-in-time habeas corpus petition under 28 U.S.C. § 2255 was not a successive petition because the prisoner was resentenced as a result of his first § 2255 petition. The Court also held that the decision ...

Indiana Supreme Court Announces Proper Procedural Framework for Civil Forfeiture and Who Constitutes an ‘Owner’

by Sam Rutherford

The Supreme Court of Indiana recently issued a decision clarifying the procedural framework, relevant pleading standards, and the State’s evidentiary burden before it may lawfully seize a citizen’s money or property in a civil forfeiture action. Because the State failed to comply with these requirements in this ...

Eighth Circuit Holds Right to Self-Representation Is Not Forfeited Based Solely on Defendant’s Repeated Assertion of Frivolous ‘Sovereign Citizen’ Arguments

by Sam Rutherford

The U.S. Court of Appeals for the Eighth Circuit held that the U.S. District Court for the Eastern District of Missouri erred by concluding that a defendant forfeited his right to represent himself in a criminal case based solely on the defendant’s repeated assertion of frivolous “sovereign ...

California Court of Appeal Holds Defendant Suffering From ALS and Near Death Entitled to Compassionate Release

by Sam Rutherford

The California Court of Appeal, Fourth District, reversed a trial court’s refusal to grant compassionate release to a defendant diagnosed with amyotrophic lateral sclerosis (“ALS”) who had less than a year to live at the time of the release hearing. The Court held that the fact the ...

Texas Court of Criminal Appeals Holds Admission of Defendant’s Rap Videos at Trial Was Unfair Propensity Evidence and Orders New Trial

by Sam Rutherford

The Court of Criminal Appeals of Texas, that state’s highest court of review in criminal cases, held that a trial court erred in admitting rap videos and other social media posts against a defendant on trial for murder. The Court determined that any probative value of the ...

Washington Court of Appeals Clarifies ‘Nexus’ Standard Authorizing Warrantless Searches of Parolees and Probationers

by Sam Rutherford

The Court of Appeals of Washington, Division One, held that under the Washington Constitution, warrantless searches of parolees or probationers must have a nexus between the suspected violation of a probation condition and the place searched. Additionally, this nexus may not be expanded based on consideration of ...

First Circuit Holds Government Breached Plea Agreement With Defendant by Failing to Explain Why It Agreed to Substantial Downward-Variant Sentence

by Sam Rutherford

The U.S. Court of Appeals for the First Circuit held that the Government violated the terms of its plea agreement with a defendant where it failed to explain at sentencing why it agreed to recommend a downward variant sentence of probation and instead passively stated it was ...

SCOTUS Announces Existence of Probable Cause for One Charge in Criminal Proceeding Does Not Categorically Defeat Fourth Amendment Malicious-Prosecution Claim Relating to Another Baseless Charge

by Sam Rutherford

The Supreme Court of the United States held that a Fourth Amendment malicious-­prosecution lawsuit may proceed where one or more of several charges brought against the plaintiff was supported by probable cause so long as at least one charge was not.

Background

Jascha Chiaverini, a jewelry store ...

 

 

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