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 …

Changes to Appeals of Pretrial Detention Decisions Prompts Illinois Supreme Court to Adopt Changes to Appellate Rules by Douglas Ankney by Douglas Ankney   Due to the monumental increase in the number of appeals of bond decisions, the Illinois Supreme Court adopted new appellate rules recommended by a five-person taskforce …

California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91 by Douglas Ankney by Douglas Ankney The California Court of Appeal, Fourth Appellate District, held that defendants who plead guilty to a stipulated sentence are eligible for resentencing under California Penal Code …

Seventh Circuit Announces Adoption of Uniform Procedure to Be Followed Where Plea Agreement Includes an ‘Appeal Waiver’ and Defendant Files Notice of Appeal by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit clarified its uniform procedure for disposition of cases in which a plea …

Systematic Lying in Plea Bargaining Is a Feature, Not a Flaw by David Reutter by David M. Reutter Systematic “lying at plea bargaining allows defendants the opportunity to negotiate fair resolutions to their cases in the face of a deeply unfair system, even as that lying makes way for—and sustains—the …

Sixth Circuit: Prosecutor’s Improper Comments and Counsel’s Failure to Object Require New Trial by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on May 15, 2020, that a prosecutor’s improper comments to the jury during a murder trial, and counsel’s failure to object …