First Circuit Holds Government Breached Plea Agreement by Implicitly Arguing for Upward Variant Sentence by Including Pictures and Video of Defendant That Allegedly Depict His Criminal Tendencies in Sentencing Memo by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the First Circuit held that the Government implicitly …

Third Circuit Announces Claim of Innocence Does Not Resolve Whether Defendant Would Have Accepted Plea Offer Absent Counsel’s Error and Holds Counsel Ineffective for Failing to Properly Advise Defendant About Mandatory Sentences If Plea Offer Rejected by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third …

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 …

Sixth Circuit: Government Cannot Withdraw Consent to Lesser Included Charge After Defendant Pleaded Guilty but Court Reject Plea Agreement by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit ruled that a plea agreement, as written, does not provide the basis for the Government …

Tenth Circuit Announces District Court Abused Discretion by Imposing Harsher Sentence Based on Defendant’s Decision to Plead Guilty Without Plea Agreement by David Reutter by David M. Reutter In a case of first impression in any circuit, the U.S. Court of Appeals for the Tenth Circuit held that under 18 …

Texas Court of Criminal Appeals: Trial Court Abused Discretion by Refusing to Allow Withdrawal of Jury-Trial Waiver for Defendant Who Ultimately Rejected Plea Deal by David Reutter by David M. Reutter The Court of Criminal Appeals of Texas held that a trial court abused its discretion in denying a defendant’s …

Nevada Supreme Court Reverses Denial of Motion to Withdraw Guilty Plea Because Defendant Had Strong Argument for Speedy Trial Violation and Colorable Claim of IAC by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada reversed the district court’s denial of Kevin Sunseri’s motion to withdraw his guilty plea …

California Federal Court Rejects Plea Agreement’s Waiver of Compassionate Release Provision by David Reutter by David M. Reutter The U.S. District Court for the Northern District of California rejected the plea agreement that required the defendant to waive his right to seek compassionate relief unless he exhausted all administrative rights …