Virginia Supreme Court Announces Parties Are Free to Renegotiate Plea Agreement Not Already Accepted by Trial Court, Which May Not Enforce Original Plea Against Parties’ Wishes by Sam Rutherford by Sam Rutherford The Supreme Court of Virginia held that a trial court erred by enforcing a plea agreement after the …

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 …

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 …

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 …

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 …