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 …

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 …

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 …