D.C. Circuit: Differing Counsel Effectiveness Findings Create Possible Injustice in Wired Plea Offer by David Reutter by David M. Reutter Having a fall partner presents many hazards when faced with law enforcement interrogations or during court proceedings. One of those hazards is when the Government offers a plea bargain that …

Ninth Circuit: Rehaif Error Requires Automatic Dismissal of Indictment by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held on September 17, 2020, that the Supreme Court’s ruling adding a “knowing” element to a statute requires automatic dismissal of an indictment that lacked that …

North Carolina Supreme Court Announces Harbison Applies When Defense Counsel Implies Defendant’s Guilt Without Prior Consent by Douglas Ankney   by Douglas Ankney The Supreme Court of North Carolina extended State v. Harbison, 337 S.E.2d 504 (N.C. 1985) (holding per se violation of defendant’s constitutional right to effective counsel when …

Seventh Circuit: Incompetent Advice to Reject Plea Offer Requires Evidentiary Hearing by David M. Reutter by David M. Reutter The U.S. Court of Appeals for the Seventh Circuit held a district court erred in failing to grant an evidentiary hearing on a claim that counsel rendered ineffective assistance by advising …

New Hampshire Supreme Court Announces Adoption of Lafler When Reviewing IAC Claims in Plea Bargain Cases by Douglas Ankney by Douglas Ankney The Supreme Court of New Hampshire announced that it has adopted the approach of Lafler v. Cooper, 566 U.S. 156 (2016), in reviewing claims of ineffective assistance of …

Tenth Circuit Vacates Conviction, Rules Waiver of Trial Counsel Not Knowingly Made by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit held on June 15, 2020, that a district court’s failure to fully advise a defendant of the elements of the charges and the …