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 …

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 …

Second Circuit: Money Concealment Guilty Plea Vacated for Lack of Evidence to Support Factual Finding of Required Mens Rea by David Reutter by David M. Reutter The U.S. Court of Appeals for the Second Circuit vacated a defendant’s conviction because the required mens rea for concealment money launderingwas not supported …

Saul Kassin Probes Dangerous Practices in ‘Duped: Why Innocent People Confess-and Why We Believe Their Confessions’ by James Doyle By James M. Doyle Do innocent people really confess to horrific crimes they did not commit? Yes, they do. A masterful recent book from John Jay College of Criminal Justice Professor …

Ninth Circuit: Government’s Inflammatory Arguments in Sentencing Memorandum and at Sentencing Hearing Implicitly Breached Plea Agreement Promise Not to Recommend Sentence in Excess of Low-End Guidelines Range by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit ruled that the Government’s inflammatory arguments in its …

First Circuit: Rehaif Error Rendered Guilty Plea Invalid by Dale Chappell by Dale Chappell Ever since SCOTUS decided in Rehaif v. United States, 134 S. Ct. 2191 (2019), that the government must prove as an element that a person had to know that he was a previously convicted felon to …

California Court of Appeal: SB 136 Makes Plea Agreement Containing Prior Prison Enhancement Unenforceable by Douglas Ankney by Douglas Ankney Division Five of the First Appellate District of the California Court of Appeal held that Senate Bill No. 136 (“SB 136”) made unenforceable a plea agreement that contained a one-year …

Eighth Circuit Vacates Sentence After District Judge Interfered With Plea Negotiations and Made Disparaging Remarks About Federal Judiciary by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eighth Circuit vacated Seneca Harrison’s sentence because the judge for the U.S. District Court for the Western District of …