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Supreme Court of Iowa: Sentence Vacated Because Prosecution Failed to Follow Spirit of Plea Agreement Requiring Recommendation of Suspended Sentence by David M. Reutter by David M. Reutter The Supreme Court of Iowa vacated a defendant’s sentence after finding the prosecution failed to honor the spirit of a plea agreement …
Article • March 15, 2022 • from CLN April, 2022
Plea Bargaining: An Illegitimate System to Administer Justice? by David Reutter by David M. Reutter A counseled plea bargain is the fastest and most economical resolution to a criminal case. The American justice system has come to tolerate and encourage plea bargains because of these attributes. Recent studies, however, find …
Article • March 15, 2022 • from CLN April, 2022
Pandemic Pressures Defendants into False Guilty Pleas by David Reutter by David M. Reutter The majority of people held in jails throughout the U.S. have not been convicted of a crime. They are more inclined to accept plea offers to secure immediate release from incarceration. A recent study found that …
Article • March 15, 2022 • from CLN April, 2022
A Guide to Getting the Most Out of a Plea Bargain by Jacob Barrett by Jacob Barrett Highly experienced lawyers and new lawyers alike can improve their negotiation skills (just as they improve their trial skills). But without legal training, what can you do? Lawyers often use checklists as part …
Article • March 15, 2022 • from CLN April, 2022
Man Rejects Plea Deal and Is Sentenced to 110 Years in Colorado Prison for Doing So by Ashleigh Dye by Ashleigh Dye A Colorado man who was driving a truck when his brakes failed resulting in an accident that killed four people in 2019 was sentenced on December 13, 2021, …
Article • March 15, 2022 • from CLN April, 2022
Systematic Lying in Plea Bargaining Is a Feature, Not a Flaw by David Reutter by David M. Reutter Systematic “lying at plea bargaining allows defendants the opportunity to negotiate fair resolutions to their cases in the face of a deeply unfair system, even as that lying makes way for—and sustains—the …
Article • March 15, 2022 • from CLN April, 2022
Sixth Circuit: Government Violated Plea Agreement by Arguing for Sentence Exceeding Guidelines Range, Despite Promise Not to ‘Suggest in Any Way’ Variance Is Appropriate by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit held the Government violated a plea agreement by arguing for …
Article • February 15, 2022 • from CLN March, 2022
Filed under: Jury Trial, Rejection
Texas Court of Criminal Appeals: Trial Court Abused Discretion by Refusing to Allow Withdrawal of Jury-Trial Waiver for Defendant Who Ultimately Rejected Plea Deal by David Reutter by David M. Reutter The Court of Criminal Appeals of Texas held that a trial court abused its discretion in denying a defendant’s …
Article • December 15, 2021 • from CLN January, 2022
Nevada Supreme Court Reverses Denial of Motion to Withdraw Guilty Plea Because Defendant Had Strong Argument for Speedy Trial Violation and Colorable Claim of IAC by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada reversed the district court’s denial of Kevin Sunseri’s motion to withdraw his guilty plea …
Article • November 15, 2021 • from CLN December, 2021
First Circuit: Defendant Entitled to Withdraw Plea Where Government Withdrew From Plea Agreement Based on Defendant’s Breach by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that the U.S. District Court for the District of New Hampshire erred by refusing to allow Louis …
Article • September 15, 2021 • from CLN October, 2021
Hawaii Supreme Court: Trial Counsel Must Inform Defendant That Deportation ‘Will Be Required’ for Plea to Aggravated Felony, IAC for Advising Deportation ‘Almost Certain’ by David Reutter by David M. Reutter THe Supreme Court of Hawaii held where defendant was precluded from discretionary relief from deportation as result of her …
Article • May 15, 2021 • from CLN June, 2021
Study Shows Innocent People Choose False Guilty Pleas and False Testimony to Gain Benefits by David Reutter by David M. Reutter A study into human tendencies concluded “that the risk of the innocent pleading guilty and falsely implicating others is real and that it is a global phenomenon – one …
Article • April 15, 2021 • from CLN May, 2021
Utah Supreme Court: Appeal of Plea in Justice Court Doesn’t Vacate Judgment by David Reutter by David M. Reutter The Supreme Court of Utah held that under Utah Code § 78A-7-118(3) “a criminal defendant’s appeal of a guilty plea made in justice court does not void that court’s conviction, sentence, …
Article • March 15, 2021 • from CLN April, 2021
North Carolina Supreme Court: Judge May Not Reject Informed Guilty Plea Because Defendant Refuses to Admit He’s Factually Guilty by David Reutter by David M. Reutter The Supreme Court of North Carolina held a trial court erred in refusing to accept a criminal defendant’s tendered guilty plea because he refused …
Article • February 15, 2021 • from CLN March, 2021
Kansas Supreme Court: Wrong Standard Used in Review of Plea Withdrawal Motion Requires Remand by David Reutter by David M. Reutter The Supreme Court of Kansas held that when an appellate court determines a district court abuses its discretion by applying the wrong legal standard to its consideration of a …
Article • February 15, 2021 • from CLN March, 2021
Filed under: Validity of
First Circuit: Rehaif Error Rendered Guilty Plea Invalid by Dale Chappell by Dale Chappell Ever since SCOTUS decided in Rehaif v. United States, 134 S. Ct. 2191 (2019), that the government must prove as an element that a person had to know that he was a previously convicted felon to …
Article • February 15, 2021 • from CLN March, 2021
Nevada Supreme Court: Defendant Has Right to Withdraw Plea Where He Wasn’t Informed of Range of Possible Punishments by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada held that a district court abused its discretion when denying Jack Paul Banka’s motion to withdraw his Alford plea (North Carolina …
Article • February 15, 2021 • from CLN March, 2021
California Court of Appeal: SB 136 Makes Plea Agreement Containing Prior Prison Enhancement Unenforceable by Douglas Ankney by Douglas Ankney Division Five of the First Appellate District of the California Court of Appeal held that Senate Bill No. 136 (“SB 136”) made unenforceable a plea agreement that contained a one-year …
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 …
Article • January 15, 2021 • from CLN February, 2021
Illinois Supreme Court Announces Guilty Plea Doesn’t Bar Postconviction Claim of Actual Innocence and Provides Framework for Review by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Illinois held that a plea of guilty doesn’t bar a defendant from later asserting an actual …
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