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Tenth Circuit: Counsel Advising Black Defendant No Minorities Would Be on Jury Is Material Misrepresentation About Right to Impartial Jury Rendering Guilty Plea Unknowing and Involuntary
Article • August 1, 2024 • from CLN August, 2024
Filed under: Juries - Fair and Impartial, Racial Bias Exception, Knowingly and Voluntarily Made
Tenth Circuit: Counsel Advising Black Defendant No Minorities Would Be on Jury Is Material Misrepresentation About Right to Impartial Jury Rendering Guilty Plea Unknowing and Involuntary by David Reutter by David M. Reutter T he U.S. Court of Appeals for the Tenth Circuit held a defendant’s guilty plea was unknowing …
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 Manda...
Article • June 15, 2024 • from CLN June, 2024
Filed under: Consequences of Plea, Awareness of Consequences, Credits, Knowingly and Voluntarily Made
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 by David Reutter by David M. Reutter   The U.S. Court of Appeals for the First Circuit vacated a defendant’s …
Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means
Article • May 15, 2024 • from CLN May, 2024
Filed under: Juries - Fair and Impartial, Impartial Jury, Fair Cross Section Requirement, Consequences of Plea, Misleading Advice/Statements to Defendant, 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 by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that John Miguel Swan’s guilty plea was not knowing and voluntary because …
Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made
Article • March 15, 2024 • from CLN March, 2024
Filed under: Police Misconduct, Police/Govt Misconduct, Plea Bargaining, Evidence - Destruction/Fabrication/Manipulation of, Knowingly and Voluntarily Made
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 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 …
Survey: Why Defendants Cooperate with the Government in a Process Described as ‘Unfair’ by Defense Attorneys
Article • January 15, 2024 • from CLN January, 2024
Filed under: Commentary/Reviews, Reviews, Cooperation - Extraordinary, Cooperation with Local Authorities, Pleas Linked to Cooperation, Cooperation Agreements
Survey: Why Defendants Cooperate with the Government in a Process Described as ‘Unfair’ by Defense Attorneys by Douglas Ankney by Douglas Ankney “Cooperation is a horrible thing for clients. Doing law enforcement’s job and requiring someone to bargain for their freedom encourages an ugly, unfair, and unjust system to become …
Second Circuit: Money Concealment Guilty Plea Vacated for Lack of Evidence to Support Factual Finding of Required Mens Rea
Article • January 15, 2024 • from CLN January, 2024
Filed under: Plea Agreements/Guilty Pleas, Offense of Conviction, Acceptance/Rejection by the Court, Validity of
Second Circuit: Money Concealment Guilty Plea Vacated for Lack of Evidence to Support Factual Finding of Required Mens Rea by David Reutter by David M. Reutter The U.S. Court of Appeals for the Second Circuit vacated a defendant’s conviction because the required mens rea for concealment money launderingwas not supported …
California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91
Article • January 15, 2024 • from CLN January, 2024
Filed under: State Statutes, Guilty Plea, Resentencing, De Novo Resentencing, Plea Agreements/Guilty Pleas
California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91 by Douglas Ankney by Douglas Ankney The California Court of Appeal, Fourth Appellate District, held that defendants who plead guilty to a stipulated sentence are eligible for resentencing under California Penal Code …
Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired
Article • December 15, 2023 • from CLN December, 2023
Filed under: Sentence, Estoppel, Plea Agreements/Guilty Pleas
Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired by Richard Resch by Richard Resch The Court of Criminal Appeals of Texas held a trial court lacked jurisdiction to revoke community supervision …
New Mexico Supreme Court Announces Trial Courts Retain Common Law Jurisdictional Authority to Correct Illegal Sentences, Allows Defendant to Withdraw Plea After Sentence Correction Involving Additiona...
Article • November 1, 2023 • from CLN November, 2023
Filed under: Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release, Knowingly and Voluntarily Made
New Mexico Supreme Court Announces Trial Courts Retain Common Law Jurisdictional Authority to Correct Illegal Sentences, Allows Defendant to Withdraw Plea After Sentence Correction Involving Additional Parole Time by Anthony Accurso by Anthony W. Accurso The Supreme Court of New Mexico allowed a defendant to withdraw his plea deal after …
Saul Kassin Probes Dangerous Practices in ‘Duped: Why Innocent People Confess-and Why We Believe Their Confessions’
Article • June 15, 2023 • from CLN July, 2023
Filed under: False Confessions, Validity of
Saul Kassin Probes Dangerous Practices in ‘Duped: Why Innocent People Confess-and Why We Believe Their Confessions’ by James Doyle By James M. Doyle Do innocent people really confess to horrific crimes they did not commit? Yes, they do. A masterful recent book from John Jay College of Criminal Justice Professor …
Ninth Circuit: Government’s Inflammatory Arguments in Sentencing Memorandum and at Sentencing Hearing Implicitly Breached Plea Agreement Promise Not to Recommend Sentence in Excess of Low-End Guidelin...
Article • June 15, 2023 • from CLN July, 2023
Filed under: War on Drugs, U.S. Sentencing Guidelines, Remands/Rehearings/Resentencings, Validity of
Ninth Circuit: Government’s Inflammatory Arguments in Sentencing Memorandum and at Sentencing Hearing Implicitly Breached Plea Agreement Promise Not to Recommend Sentence in Excess of Low-End Guidelines Range by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit ruled that the Government’s inflammatory arguments in its …
Fourth Circuit Announces Rehaif Applies to All § 922(g) Firearms-Possession Offenses and Applies Retroactively to Initial § 2255 Motions
Article • June 15, 2023 • from CLN July, 2023
Filed under: Firearms Owners' Protection Act, Possession or Use of Firearms, Knowingly and Voluntarily Made
Fourth Circuit Announces Rehaif Applies to All § 922(g) Firearms-Possession Offenses and Applies Retroactively to Initial § 2255 Motions by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that the holding of Rehaif v. United States, 139 S. Ct. 2191 (2019), applies retroactively …
Seventh Circuit Vacates Federal Drug Conspiracy Conviction Because District Court Failed to Ensure Defendant Understood ‘Agreement’ Element of Conspiracy and Failed to Ensure Factual Basis for Guilty ...
Article • April 15, 2023 • from CLN May, 2023
Filed under: Procedural Default/Error, Conspiracies, Attempts, Solicitations, Knowingly and Voluntarily Made
Seventh Circuit Vacates Federal Drug Conspiracy Conviction Because District Court Failed to Ensure Defendant Understood ‘Agreement’ Element of Conspiracy and Failed to Ensure Factual Basis for Guilty Plea by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for …
California Court of Appeal: Right to Withdraw Plea 23 Years After Entered Because Counsel Failed to Properly Advise of Immigration Consequences and Defendant Mistakenly Believed Permanent Resident Sta...
Article • February 15, 2023 • from CLN March, 2023
Filed under: Ineffective Assistance of Counsel, Enforcement of Immigration Laws, Immigration Law/Offenses, Withdrawal
California Court of Appeal: Right to Withdraw Plea 23 Years After Entered Because Counsel Failed to Properly Advise of Immigration Consequences and Defendant Mistakenly Believed Permanent Resident Status Barred Adverse Immigration Consequences by David Reutter by David M. Reutter The Court of Appeal of California, Second Appellate District, ruled that …
Seventh Circuit Announces Adoption of Uniform Procedure to Be Followed Where Plea Agreement Includes an ‘Appeal Waiver’ and Defendant Files Notice of Appeal
Article • November 15, 2022 • from CLN December, 2022
Filed under: Waiver, Plea Agreements/Guilty Pleas
Seventh Circuit Announces Adoption of Uniform Procedure to Be Followed Where Plea Agreement Includes an ‘Appeal Waiver’ and Defendant Files Notice of Appeal by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit clarified its uniform procedure for disposition of cases in which a plea …
Inextricably Intertwined: The Practice of Negotiated Pleas and the Rise of Mass Incarceration in America
Article • August 15, 2022 • from CLN September, 2022
Filed under: Effects of Mass Incarceration, Plea Agreements/Guilty Pleas
Inextricably Intertwined: The Practice of Negotiated Pleas and the Rise of Mass Incarceration in America by Casey Bastian by Casey J. Bastian America is the world’s leader in rates of incarceration. This country consists of only 5% of the world’s total population, yet it houses about 25% of the world’s …
Sixth Circuit: Government Cannot Withdraw Consent to Lesser Included Charge After Defendant Pleaded Guilty but Court Reject Plea Agreement
Article • August 15, 2022 • from CLN September, 2022
Filed under: U.S. Sentencing Guidelines, Rejection
Sixth Circuit: Government Cannot Withdraw Consent to Lesser Included Charge After Defendant Pleaded Guilty but Court Reject Plea Agreement by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit ruled that a plea agreement, as written, does not provide the basis for the Government …
First Circuit Announces ‘Knowingly’ Violating § 922(g)(9) Requires Proof Defendant Knew He Belonged to Category of Persons Prohibited from Possessing Firearms, Mere Knowledge of ‘Features’ of Prior Of...
Article • August 15, 2022 • from CLN September, 2022
Filed under: Possession or Use of Firearms, Knowingly and Voluntarily Made
First Circuit Announces ‘Knowingly’ Violating § 922(g)(9) Requires Proof Defendant Knew He Belonged to Category of Persons Prohibited from Possessing Firearms, Mere Knowledge of ‘Features’ of Prior Offense Insufficient by Richard Resch by Richard Resch The U.S. Court of Appeals for the First Circuit held that the U.S. District Court …
Tenth Circuit: Guilty Plea Not Knowing and Voluntary Because Sentencing Court Failed to Ask Follow Up Questions After Defendant Said He’s Off His Medication and ‘Mind Isn’t Right’
Article • July 15, 2022 • from CLN August, 2022
Filed under: Medication, Failure to Treat (Mental Illness), Knowingly and Voluntarily Made
Tenth Circuit: Guilty Plea Not Knowing and Voluntary Because Sentencing Court Failed to Ask Follow Up Questions After Defendant Said He’s Off His Medication and ‘Mind Isn’t Right’ by David Reutter by David M. Reutter The U.S. Court of Appeals for the Tenth Circuit vacated a defendant’s guilty plea after …
Eighth Circuit: Government Breached Plea Agreement by Relying on Pre-Plea Conduct to Dispute Acceptance of Responsibility Despite Acknowledging Defendant Qualified for Credit in Agreement
Article • July 15, 2022 • from CLN August, 2022
Filed under: Breach of Plea/Coop./Immunity Agreements, Plea Agreements/Guilty Pleas
Eighth Circuit: Government Breached Plea Agreement by Relying on Pre-Plea Conduct to Dispute Acceptance of Responsibility Despite Acknowledging Defendant Qualified for Credit in Agreement by Richard Resch by Richard Resch The U.S. Court of Appeals for the Eighth Circuit held the Government breached its plea agreement with the defendant by …
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