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Court of Appeals of Maryland Clarifies Issues Involving Plea Agreements and Sentence Modifications Under Justice Reinvestment Act by David Reutter by David M. Reutter The Court of Appeals of Maryland answered four questions concerning the application of the Justice Reinvestment Act (“JRA”). The Court’s August 24, 2020, order focused on …
Article • December 15, 2020 • from CLN January, 2021
Massachusetts Supreme Judicial Court Vacates Guilty Plea Conditioned on Waiving Right to Pursue Claim Racial Bias Infected Jury Deliberations by David Reutter by David M. Reutter The Supreme Judicial Court of Massachusetts vacated a defendant’s guilty plea to a sentencing enhancement as involuntarily entered. In doing so, the Court held …
Arizona Supreme Court: Stipulated Plea Agreement Cannot Bar Review of Illegal Sentence by David Reutter by David M. Reutter The Supreme Court of Arizona held that the Court of Appeals “erred by effectively eliminating a defendant’s right to appeal a probation revocation sentence consistent with a plea agreement stipulation.” The …
Article • November 15, 2020 • from CLN December, 2020
Filed under: Resentencing, Validity of
Eighth Circuit Vacates Sentence After District Judge Interfered With Plea Negotiations and Made Disparaging Remarks About Federal Judiciary by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eighth Circuit vacated Seneca Harrison’s sentence because the judge for the U.S. District Court for the Western District of …
Article • October 15, 2020 • from CLN November, 2020
Attacking the Guilty Plea: Waivers, Breaches, and Getting More Time After a Successful Challenge by Dale Chappell by Dale Chappell In this final column based on my book, WinningCites: Attacking the Guilty Plea, we’ll go over how plea waivers and breaches of plea agreements impact challenging a guilty plea, and …
Article • October 15, 2020 • from CLN November, 2020
N.J. Supreme Court Announces Defendant Has Right to Question Cooperating Witness About Plea Deal and Possible Sentence Exposure Even When Witness Faced Same Exposure as Defendant by Douglas Ankney by Douglas Ankney The Supreme Court of New Jersey ruled that a defendant has a right to question a cooperating witness …
Article • September 15, 2020 • from CLN October, 2020
Attacking the Guilty Plea: The Art of Withdrawing a Guilty Plea by Dale Chappell by Dale Chappell The art of withdrawing a guilty plea comes down to which phase of the criminal proceeding the guilty plea is at when the motion to withdraw is filed. The phases are: (1) prior …
Article • September 15, 2020 • from CLN October, 2020
Study Exposes Public Defender Plea Negotiation Practices and Suggests New Negotiation Theory by David Reutter by David M. Reutter "Plea bargaining happens in almost every criminal case, yet there is little empirical study about what actually happens when prosecutors and defense lawyers negotiate,” begins a new study in the Cardozo …
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 …
Article • July 15, 2020 • from CLN August, 2020
South Carolina Supreme Court: State Cannot Appeal Guilty Plea by David Reutter by David M. Reutter The Supreme Court of South Carolina dismissed the State’s appeal of a guilty plea and affirmed denial of motions to reconsider the sentence for recusal of the trial court. The Court’s order came in …
Article • July 15, 2020 • from CLN August, 2020
Attacking the Guilty Plea: Establishing Prejudice in the Guilty Plea Context by Dale Chappell by Dale Chappell In my last column, we went over the general standard for showing ineffective assistance of counsel (“IAC”) in the guilty plea context under Strickland v. Washington, 466 U.S. 668 (1984). In this column, …
Article • July 15, 2020 • from CLN August, 2020
Fourth Circuit: IAC for Counsel’s Bad Advice That Open Plea Would Allow Appeal Denial of Motion to Suppress by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on April 20, 2020, that counsel’s erroneous advice that an open guilty plea without a plea …
Michigan Supreme Court Announces Court Must Inform Defendant of Consecutive Sentencing Authority When Accepting Plea by David Reutter by David M. Reutter In a case of first impression, the Supreme Court of Michigan held “that MCR 6.302(B)(2) requires the trial court, in cases where such advice is relevant, to advise …
Iowa Supreme Court Orders Dismissal of Charges that State Brought in Breach of Plea Agreement by Douglas Ankney by Douglas Ankney The Supreme Court of Iowa ordered the dismissal of charges after determining the State breached a plea agreement wherein the State had promised the charges would not be brought. …
Article • June 15, 2020 • from CLN July, 2020
California Federal Court Rejects Plea Agreement’s Waiver of Compassionate Release Provision by David Reutter by David M. Reutter The U.S. District Court for the Northern District of California rejected the plea agreement that required the defendant to waive his right to seek compassionate relief unless he exhausted all administrative rights …
Publication • October 1, 2015
Right to Counsel in Utah - An Assessment of Trial-Level Indigent Defense Services, Sixth Amendment Center, 2015 The right to counsel in Utah An assessment of trial-level indigent defense services October 2015 The Right to Counsel in Utah: An Assessment of Trial-Level Indigent Defense Services Copyright © 2015 by the …
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