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Illinois Supreme Court Announces Dismissal by Nolle Prosequi as Part of Agreement Bars State From Bringing Second Prosecution Where Defendant Satisfied Obligations and Reverses Empire Actor Jussie Smollett’s Conviction by Sam Rutherford by Sam Rutherford The Supreme Court of Illinois reversed and dismissed Empire actor Jussie Smollett’s felony disorderly conduct …
Ninth Circuit Clarifies ‘Implicit Breach’ Case Law Regarding When Government Breaches Plea Agreement by Responding to Defendant’s Request for Downward Variant Sentence by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, clarified when the Government breaches its promise in a plea …
Survey: Why Defendants Cooperate with the Government in a Process Described as ‘Unfair’ by Defense Attorneys by Douglas Ankney by Douglas Ankney “Cooperation is a horrible thing for clients. Doing law enforcement’s job and requiring someone to bargain for their freedom encourages an ugly, unfair, and unjust system to become …
Eighth Circuit: Government Breached Plea Agreement by Relying on Pre-Plea Conduct to Dispute Acceptance of Responsibility Despite Acknowledging Defendant Qualified for Credit in Agreement by Richard Resch by Richard Resch The U.S. Court of Appeals for the Eighth Circuit held the Government breached its plea agreement with the defendant by …
Article • January 15, 2022 • from CLN February, 2022
D.C. Circuit: Government Breached Plea Agreement by Violating Ambiguous Terms, Ambiguities Resolved in Favor of Defendants, Sentence Vacated by David Reutter by David M. Reutter The U.S. Court of Appeals for the District of Columbia Circuit held that a plea agreement was ambiguous as to the Government’s ability to oppose …
Article • October 15, 2021 • from CLN November, 2021
"Eighth Circuit: Government Breached Plea Agreement by Endorsing PSR’s Calculation of Higher Base Offense Level Than Plea Agreement, Curing Breach Not Recognized in Circuit" by David Reutter by David M. Reutter The U.S. Court of Appeals for the Eighth Circuit held that the Government breached a plea agreement because the …
Iowa Supreme Court Orders Dismissal of Charges that State Brought in Breach of Plea Agreement by Douglas Ankney by Douglas Ankney The Supreme Court of Iowa ordered the dismissal of charges after determining the State breached a plea agreement wherein the State had promised the charges would not be brought. …
Article • April 15, 2020 • from CLN May, 2020
Citizens in California Can No Longer be Prosecuted for Refusing to Risk Their Lives Assisting Police by Douglas Ankney by Douglas Ankney In 2014, Norma and Jim Gund were tricked by a Trinity County sheriff’s deputy into responding to a 911 call that the deputy said was “weather related.” Instead, …
Publication • June 28, 2016
Veterans Benefits Administration Audit, Office of Inspector General, 2016 OFFICE OF AUDITS AND EVALUATIONS VA Office of Inspector General Veterans Benefits Administration Audit of Compensation and Pension Benefit Payments to Incarcerated Veterans June 28, 2016 13-02255-276 ACRONYMS BOP Bureau of Prisons C&P Compensation and Pension CMA Computer Matching Agreement FY …
Factors May Limit the Impacts of Federal Laws, US GAO, 2005 United States Government Accountability Office GAO Report to Congressional Requesters September 2005 DRUG OFFENDERS Various Factors May Limit the Impacts of Federal Laws That Provide for Denial of Selected Benefits GAO-05-238 September 2005 DRUG OFFENDERS Accountability Integrity Reliability Highlights …