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Article • June 15, 2020 • from CLN July, 2020
NY Court of Appeals: Right to Review Suppression Decision When Decision Relates Solely to a Count Satisfied by Plea but Isn’t Count to Which Defendant Pled by Douglas Ankney by Douglas Ankney The Court of Appeals of New York held that N.Y. Crim. Proc. Law (“CPL”) 710.70(2) grants a defendant …
Article • January 21, 2020 • from CLN February, 2020
Filed under: Guilty Pleas
Eighth Circuit: Defendant Who Pleaded Guilty to State Felonies Didn’t Know He Couldn’t Possess Firearms Prior to Sentencing Because He Didn’t Know He Had Been Convicted by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Eighth Circuit held that a defendant didn’t “know” he had been …
Article • December 1, 2019
Misadvice About Oregon Time-Served Credit is Ineffective Assistance of Counsel by Mark Wilson by Mark Wilson  The Oregon Court of Appeals held that misinformation during plea negotiations about time-served credit constitutes ineffective assistance of trial counsel. On September 9, 2011, the State of Oregon charged Omteme Moni Blayas Sanders with …
Article • September 17, 2019 • from CLN October, 2019
Delaware Supreme Court: Where Defendant Competent to Plead ‘Guilty but Mentally Ill,’ He May Revoke Plea Before It Is Accepted by Anthony Accurso by Anthony Accurso The Supreme Court of the State of Delaware held that when a defendant has been declared competent to plead guilty he retains the right …
Article • September 16, 2019 • from CLN October, 2019
Filed under: Guilty Pleas
Whether State or Federal, Most Convictions Are Overwhelmingly Based on Guilty Pleas by Edward Lyon by Ed Lyon Readers of Criminal Legal News and Prison Legal News are familiar with the fact that criminal convictions occur mostly as a result of guilty or no-contest pleas. A recently released report by …
Article • June 17, 2019 • from CLN July, 2019
Ohio Supreme Court: Plea Defendant Must Be Informed of Maximum Penalty for Postrelease-Control Violation Prior to Pleading Guilty to a New Felony by David Reutter by David Reutter The Supreme Court of Ohio held that a plea court must “advise a criminal defendant on postrelease control for a prior felony, …
Article • June 17, 2019 • from CLN July, 2019
Second Circuit Rules District Court Improperly Denied Coram Nobis Petition Claiming Ineffective Assistance of Counsel by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit ruled that the district court erred in denying a writ of error coram nobis that claimed ineffective assistance of counsel …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Guilty Pleas, Suit Waivers
California Supreme Court Rules That Defense Counsel Can’t Agree to Stipulation That’s Tantamount to Guilty Plea Without Voluntary and Intelligent Waiver by Defendant by Derek Gilna by Derek Gilna The bedrock principle of criminal defense is to force the prosecution to prove its case against his client, but in the …
Article • April 12, 2019 • from CLN May, 2019
Plea Bargaining: Prosecutors Leave Trail of Injustice When Playing Hardball with Defendants by David Reutter by David Reutter To fight against government tyranny in the criminal justice system, America’s Founding Fathers enshrined into the Constitution the “right to a speedy and public trial, by an impartial jury.” Plea bargains, however, …
Article • January 18, 2019 • from CLN February, 2019
Filed under: Guilty Pleas, Sentencing
Minnesota Supreme Court Clarifies Rule Against Judicial ‘Participation’ in Plea Negotiations by Dale Chappell by Dale Chappell The Supreme Court of Minnesota clarified the rule barring judicial “participation” in plea negotiations, overturning decades of decisions by the court of appeals, which had applied the wrong rule of law in such …
Article • December 31, 2018 • from CLN January, 2019
Fee to Plead Guilty Burdens Indigent Defendants in Pennsylvania by Dale Chappell by Dale Chappell A woman in Cumberland County, Pennsylvania, pleaded guilty to stealing $25 in merchandise in 2016. It cost her almost $600 to plead guilty. A man in Fairview Township, Pennsylvania, pleaded guilty to possession of a …
Scottish Psychologist’s Study Focuses On Why the Innocent May Confess to Crimes by Derek Gilna by Derek Gilna Dr. Faye Skelton of Napier University in Edinburgh, Scotland, has published a report detailing the tendency of some individuals to confess to crimes they did not commit. She noted that research from …
Article • December 29, 2018 • from CLN January, 2019
Ninth Circuit Rules California Robbery Not a ‘Crime of Violence’ in Light of Dimaya and Allows Withdrawal of Guilty Plea by David Reutter by David Reutter The U.S. Court of Appeals for the Ninth Circuit held a defendant was entitled to withdraw his guilty plea to a charge of illegally …
The Power of the Prosecutor: A Personal Account by Ashley Sawyer by Ashley Sawyer, Campaign for Smart Justice Consultant, ACLU of Vermont Have you ever watched an episode of “Law & Order”? The creators do an amazing job of dramatizing the court process. The characters playing the prosecutors are always …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Guilty Pleas
New Jersey Appellate Division Extends Urbina Self-Defense Rule to Defense of Others in Plea Allocution by David Reutter by David Reutter The Superior Court of New Jersey Appellate Division held that a defendant was entitled to post-conviction relief (“PCR”) based on his claim that his guilty plea was involuntary due …
Article • August 20, 2018 • from CLN September, 2018
First Circuit Holds Appeal Not Barred by Plea Agreement Waiver Provision When Sentence Exceeds Agreement by David Reutter by David Reutter The United States Court of Appeals for the First Circuit held a plea agreement’s appellate waiver provision did not bar an appeal where the district court imposed a home …
Article • August 17, 2018 • from CLN September, 2018
Filed under: Guilty Pleas, Judiciary, Trials
South Dakota Supreme Court Rules that Trial Court Cannot Reject a Plea Agreement It Already Implicitly Accepted by Christopher Zoukis by Christopher Zoukis The Supreme Court of the State of South Dakota reversed a trial court’s decision to reject a binding plea agreement because it had already implicitly accepted the …
Article • May 21, 2018 • from CLN June, 2018
Filed under: Guilty Pleas, Sentencing
D.C. Circuit Vacates Sentence Because Government Breached Plea Agreement by Providing Defendant’s Confidential Statements to Sentencing Court by Dale Chappell by Dale Chappell The government’s use of incriminating statements made by a defendant at a confidential debriefing breached the plea agreement and constituted “plain error” when the government disclosed that …
Article • April 19, 2018 • from CLN May, 2018
Eleventh Circuit Holds Court May Not Dismiss 2255 Motion by Invoking Collateral Attack Waiver Sua Sponte by Dale Chappell by Dale Chappell A U.S. district court cannot, “of its own volition,” invoke a collateral attack waiver in a plea agreement to dismiss a § 2255 motion, the U.S. Court of …
Article • April 19, 2018 • from CLN May, 2018
Seventh Circuit Finds Plain Error Where Guilty Plea Accepted Without Rule 11 Colloquy by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Seventh Circuit reversed a conviction pursuant to a guilty plea that the district court accepted, but was not accompanied by a Federal Rule of …
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