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First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court by David Reutter The United States Court of Appeals for the First Circuit vacated a defendant’s sentence due to the prosecutor’s breach of the parties’ plea agreement, and the Court ordered …
Illinois Supreme Court Announces Entering ‘Blind’ Guilty Plea Does Not Waive Defendant’s Right to Challenge Sentence by Anthony Accurso The Supreme Court of Illinois ruled that a defendant retains the right to challenge his sentence when he enters a “blind” guilty plea, i.e., a plea that does not specify the …
Illinois Supreme Court Announces Dismissal by Nolle Prosequi as Part of Agreement Bars State From Bringing Second Prosecution Where Defendant Satisfied Obligations and Reverses Empire Actor Jussie Smollett’s Conviction by Sam Rutherford by Sam Rutherford The Supreme Court of Illinois reversed and dismissed Empire actor Jussie Smollett’s felony disorderly conduct …
Ninth Circuit Clarifies ‘Implicit Breach’ Case Law Regarding When Government Breaches Plea Agreement by Responding to Defendant’s Request for Downward Variant Sentence by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, clarified when the Government breaches its promise in a plea …
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 • January 15, 2022 • from CLN February, 2022
D.C. Circuit: Government Breached Plea Agreement by Violating Ambiguous Terms, Ambiguities Resolved in Favor of Defendants, Sentence Vacated by David Reutter by David M. Reutter The U.S. Court of Appeals for the District of Columbia Circuit held that a plea agreement was ambiguous as to the Government’s ability to oppose …
Article • October 15, 2021 • from CLN November, 2021
"Eighth Circuit: Government Breached Plea Agreement by Endorsing PSR’s Calculation of Higher Base Offense Level Than Plea Agreement, Curing Breach Not Recognized in Circuit" by David Reutter by David M. Reutter The U.S. Court of Appeals for the Eighth Circuit held that the Government breached a plea agreement because the …
Wyoming Supreme Court: District Court Abused Discretion by Granting State’s Dismissal of Charges Without Prejudice and Refiling to Gain Tactical Advantage, Remands for Dismissal With Prejudice by Douglas Ankney by Douglas Ankney The Supreme Court of Wyoming ruled that a district court abused its discretion when it dismissed without prejudice …
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. …