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Massachusetts Supreme Judicial Court Clarifies Trial Court Must Conduct Inquiry Whether Defendant Knowingly and Voluntarily Waived Right to Counsel at ‘Any Stage of a Case,’ Including Arraignment or ...
Article • February 1, 2025 • from CLN February, 2025
Filed under: Counsel - Right to, Knowingly and Voluntarily Made
Massachusetts Supreme Judicial Court Clarifies Trial Court Must Conduct Inquiry Whether Defendant Knowingly and Voluntarily Waived Right to Counsel at ‘Any Stage of a Case,’ Including Arraignment or Plea Hearing by Sam Rutherford by Sam Rutherford The Supreme Judicial Court of Massachusetts held that a defendant did not knowingly and …
Mississippi Supreme Court: Defendant’s Guilty Plea Not Knowing and Voluntary Because He Was Not Informed of His Habitual Offender Status
Article • December 1, 2024 • from CLN December, 2024
Filed under: Resentencing, De Facto Career Offender, Knowingly and Voluntarily Made
Mississippi Supreme Court: Defendant’s Guilty Plea Not Knowing and Voluntary Because He Was Not Informed of His Habitual Offender Status by Sam Rutherford by Sam Rutherford The Supreme Court of Mississippi held that a defendant’s guilty plea to two forged prescription drug charges was not knowing and voluntary because he …
Tenth Circuit: Counsel Advising Black Defendant No Minorities Would Be on Jury Is Material Misrepresentation About Right to Impartial Jury Rendering Guilty Plea Unknowing and Involuntary
Article • August 1, 2024 • from CLN August, 2024
Filed under: Juries - Fair and Impartial, Racial Bias Exception, Knowingly and Voluntarily Made
Tenth Circuit: Counsel Advising Black Defendant No Minorities Would Be on Jury Is Material Misrepresentation About Right to Impartial Jury Rendering Guilty Plea Unknowing and Involuntary by David Reutter by David M. Reutter T he U.S. Court of Appeals for the Tenth Circuit held a defendant’s guilty plea was unknowing …
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 Manda...
Article • June 15, 2024 • from CLN June, 2024
Filed under: Consequences of Plea, Awareness of Consequences, Credits, Knowingly and Voluntarily Made
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
Article • May 15, 2024 • from CLN May, 2024
Filed under: Juries - Fair and Impartial, Impartial Jury, Fair Cross Section Requirement, Consequences of Plea, Misleading Advice/Statements to Defendant, Knowingly and Voluntarily Made
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 …
Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made
Article • March 15, 2024 • from CLN March, 2024
Filed under: Police Misconduct, Police/Govt Misconduct, Plea Bargaining, Evidence - Destruction/Fabrication/Manipulation of, Knowingly and Voluntarily Made
Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made by Richard Resch by Richard Resch The U.S. Court of Appeals for the Fourth Circuit vacated the U.S. District Court for the District of Maryland’s …
New Mexico Supreme Court Announces Trial Courts Retain Common Law Jurisdictional Authority to Correct Illegal Sentences, Allows Defendant to Withdraw Plea After Sentence Correction Involving Additiona...
Article • November 1, 2023 • from CLN November, 2023
Filed under: Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release, Knowingly and Voluntarily Made
New Mexico Supreme Court Announces Trial Courts Retain Common Law Jurisdictional Authority to Correct Illegal Sentences, Allows Defendant to Withdraw Plea After Sentence Correction Involving Additional Parole Time by Anthony Accurso by Anthony W. Accurso The Supreme Court of New Mexico allowed a defendant to withdraw his plea deal after …
Fifth Circuit: Placing Jacket Within Fenced-In Area of Home in Presence of Police Evidences Clear Intent Not to Abandon It, Warrantless Search Violates Fourth Amendment Rights
Article • June 15, 2023 • from CLN July, 2023
Filed under: Fourth Amendment, rights, Warrantless Searches, Searches - Home/Curtilage, Specific Intent
Fifth Circuit: Placing Jacket Within Fenced-In Area of Home in Presence of Police Evidences Clear Intent Not to Abandon It, Warrantless Search Violates Fourth Amendment Rights by Richard Resch by Richard Resch The U.S. Court of Appeals for the Fifth Circuit held that police violated a defendant’s Fourth Amendment rights …
Fourth Circuit Announces Rehaif Applies to All § 922(g) Firearms-Possession Offenses and Applies Retroactively to Initial § 2255 Motions
Article • June 15, 2023 • from CLN July, 2023
Filed under: Firearms Owners' Protection Act, Possession or Use of Firearms, Knowingly and Voluntarily Made
Fourth Circuit Announces Rehaif Applies to All § 922(g) Firearms-Possession Offenses and Applies Retroactively to Initial § 2255 Motions by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that the holding of Rehaif v. United States, 139 S. Ct. 2191 (2019), applies retroactively …
Seventh Circuit Vacates Federal Drug Conspiracy Conviction Because District Court Failed to Ensure Defendant Understood ‘Agreement’ Element of Conspiracy and Failed to Ensure Factual Basis for Guilty ...
Article • April 15, 2023 • from CLN May, 2023
Filed under: Procedural Default/Error, Conspiracies, Attempts, Solicitations, Knowingly and Voluntarily Made
Seventh Circuit Vacates Federal Drug Conspiracy Conviction Because District Court Failed to Ensure Defendant Understood ‘Agreement’ Element of Conspiracy and Failed to Ensure Factual Basis for Guilty Plea by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for …
First Circuit Announces ‘Knowingly’ Violating § 922(g)(9) Requires Proof Defendant Knew He Belonged to Category of Persons Prohibited from Possessing Firearms, Mere Knowledge of ‘Features’ of Prior Of...
Article • August 15, 2022 • from CLN September, 2022
Filed under: Possession or Use of Firearms, Knowingly and Voluntarily Made
First Circuit Announces ‘Knowingly’ Violating § 922(g)(9) Requires Proof Defendant Knew He Belonged to Category of Persons Prohibited from Possessing Firearms, Mere Knowledge of ‘Features’ of Prior Offense Insufficient by Richard Resch by Richard Resch The U.S. Court of Appeals for the First Circuit held that the U.S. District Court …
Tenth Circuit: Guilty Plea Not Knowing and Voluntary Because Sentencing Court Failed to Ask Follow Up Questions After Defendant Said He’s Off His Medication and ‘Mind Isn’t Right’
Article • July 15, 2022 • from CLN August, 2022
Filed under: Medication, Failure to Treat (Mental Illness), Knowingly and Voluntarily Made
Tenth Circuit: Guilty Plea Not Knowing and Voluntary Because Sentencing Court Failed to Ask Follow Up Questions After Defendant Said He’s Off His Medication and ‘Mind Isn’t Right’ by David Reutter by David M. Reutter The U.S. Court of Appeals for the Tenth Circuit vacated a defendant’s guilty plea after …
First Circuit: Defendant Entitled to Withdraw Plea Where Government Withdrew From Plea Agreement Based on Defendant’s Breach
Article • November 15, 2021 • from CLN December, 2021
Filed under: Knowingly and Voluntarily Made, Grounds For Withdrawal
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 …
Hawaii Supreme Court: Trial Counsel Must Inform Defendant That Deportation ‘Will Be Required’ for Plea to Aggravated Felony, IAC for Advising Deportation ‘Almost Certain’
Article • September 15, 2021 • from CLN October, 2021
Filed under: Aggravated Felonies, Knowingly and Voluntarily Made
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 …
Ninth Circuit: Rehaif Error Requires Automatic Dismissal of Indictment
Article • January 15, 2021 • from CLN February, 2021
Filed under: Felon in Possession Statute, Pro Se Issues, Knowingly and Voluntarily Made
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 …
Attacking the Guilty Plea: Waivers, Breaches, and Getting More Time After a Successful Challenge
Article • October 15, 2020 • from CLN November, 2020
Filed under: Plea Agreements/Guilty Pleas, Knowingly and Voluntarily Made, Withdrawal
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 …
Tenth Circuit Vacates Conviction, Rules Waiver of Trial Counsel Not Knowingly Made
Article • August 15, 2020 • from CLN September, 2020
Filed under: Failure to Address/Advise Defendant, Knowingly and Voluntarily Made
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 …