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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 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 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 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 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 …
Article • December 15, 2023 • from CLN December, 2023
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 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 …
Article • June 15, 2023 • from CLN July, 2023
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 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 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 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 Status Barred Adverse Immigration Consequences by David Reutter by David M. Reutter The Court of Appeal of California, Second Appellate District, ruled that …
Article • November 15, 2022 • from CLN December, 2022
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 …
Article • August 15, 2022 • from CLN September, 2022
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 …
Article • August 15, 2022 • from CLN September, 2022
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 …
Article • August 15, 2022 • from CLN September, 2022
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’ 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 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 …
Article • June 15, 2022 • from CLN July, 2022
Commentary: Attacking the Guilty Plea—Court Cautions More Time Possible in Child Porn Case if Post-Conviction Motion Successful by Dale Chappell by Dale Chappell I’M ALWAYS ASKED WHETHER THE COURT can impose a harsher sentence if someone is successful in vacating their conviction or sentence under 28 U.S.C. § 2255. My …
Article • June 15, 2022 • from CLN July, 2022
Tenth Circuit Announces District Court Abused Discretion by Imposing Harsher Sentence Based on Defendant’s Decision to Plead Guilty Without Plea Agreement by David Reutter by David M. Reutter In a case of first impression in any circuit, the U.S. Court of Appeals for the Tenth Circuit held that under 18 …
Article • June 15, 2022 • from CLN July, 2022
Federal Prosecutors Directed to Stop Obtaining Compassionate Release Waivers From Defendants During Plea Agreements and to Not Enforce Previously Obtained Waivers by Harold Hempstead by Harold Hempstead On March 11, 2022, the Deputy Attorney General of the U.S. Department of Justice (“DOJ”) issued a Memorandum directing federal prosecutors to stop …
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