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California Court of Appeal Vacates Former NFL Star’s Rape Conviction Because Prosecutor’s Racial Statements During Closing Constituted ‘Racially Discriminatory Language’ in Violation of Racial Justice Act by Phillip Wasserman, J.D. by Phillip Wasserman, J.D. The Court of Appeal of California, Sixth Appellate District, held that the prosecution’s statements during closing …
Fourth Circuit Vacates Order Denying § 2254 Motion, Remands for Evidentiary Hearing on Whether Counsel’s Failure to Object to Duplicative Drug Conspiracy Counts in Violation of Double Jeopardy Clause Was Strategic by Matthew Clarke by Matthew Thomas Clarke The U.S. Court of Appeals for the Fourth Circuit vacated the U.S. …
First Circuit: Defendant Did Not Understand Consequences of Guilty Plea Because District Court and Counsel Led Him to Reasonably Believed Plea Agreement Would Result in Sentence Below Applicable Mandatory Minimum by David Reutter by David M. Reutter   The U.S. Court of Appeals for the First Circuit vacated a defendant’s …
Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that John Miguel Swan’s guilty plea was not knowing and voluntary because …
Article • April 15, 2024 • from CLN April, 2024
Vermont Supreme Court Announces Prejudice Determination for IAC Claim Based on Rejected Plea Offer Limited to Evidence Available at Time Plea Considered—Not Any Subsequent Evidence by David Reutter by David M. Reutter In a case of first impression, the Vermont Supreme Court held “that in determining whether the criminal court …
Article • January 15, 2022 • from CLN February, 2022
California Supreme Court Announces Standard of Review and Required Showing for Prejudicial Error Under § 1473.7 to Vacate Plea Due to Lack of Understanding of Immigration Consequences by David Reutter by David M. Reutter The Supreme Court of California issued an order that set the standard of review for motions …
Article • August 15, 2021 • from CLN September, 2021
Filed under: Consequences of Plea
New Mexico Supreme Court: Constitutional Error to Accept Plea Without Assistance of Counsel by David Reutter by David M. Reutter The Supreme Court of New Mexico held that a magistrate court committed constitutional error by accepting a defendant’s plea of no contest without the assistance of counsel. The Court said …
Article • June 15, 2021 • from CLN July, 2021
Direct Collateral Review Creates Path Around AEDPA Hurdles for State Prisoners Seeking Postconviction Relief by Dale Chappell by Dale Chappell It’s called “direct collateral review,” and it’s quickly becoming a way for state prisoners to get around the obstacles and roadblocks to receiving habeas relief in federal court. Never heard …
Article • November 15, 2020 • from CLN December, 2020
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 …
First Step Act of 2018 Resentencing Provisions Retroactivity Data Report, U.S. Sentencing Commission, 2019 U.S. Sentencing Commission First Step Act of 2018 Resentencing Provisions Retroactivity Data Report June 2019 Introduction As part of its ongoing mission, the United States Sentencing Commission provides Congress, the judiciary, the executive branch, and the …