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Article • September 1, 2017
Filed under: Guilty Pleas
Minnesota Court Refuses to Order Specific Performance in Murder Plea by Lonnie Burton by Lonnie Burton On December 27, 2016, the Court of Appeals of Minnesota denied an appeal filed by a woman who pled guilty to third degree murder, but who claimed the state reneged on the terms of ...
A Story of Racial Bias, the Absence of Mercy, and a Death in Prison by By Equal Justice Initiative Forty-five years after Phillip Chance traveled from his home in Detroit, Michigan to visit family in rural Choctaw, Alabama, he died in an Alabama prison. During that visit in 1971, 15-year-old Phillip ...
Five Wrongfully Convicted North Carolina Men Receive Almost $8 Million by David Reutter Five former prisoners who were wrongfully convicted in a home invasion murder have received settlements and compensation totaling nearly $8 million following a botched investigation and misconduct by the sheriff’s office in Buncombe County, North Carolina. Three ...
Tennessee District Attorney Ends Sterilization in Plea Bargains; Prosecutor Fired by David Reutter The District Attorney for Davidson County, Tennessee has banned the practice of seeking sterilization as part of plea bargains in criminal cases. The policy was implemented after an assistant prosecutor refused to discuss a plea unless a ...
Article • September 8, 2016
Court Upholds Guilty Plea Although Defendant Wasn't Advised of "Adam-Walsh" Impact by Derek Gilna Mark Allen Youngs pleaded guilty to child pornography offenses, and as part of the sentencing process was advised by the district court his various rights under Rule 11, but did not advise him of possible ramifications ...
Holder to Federal Prosecutors: Stop Using Threat of 851 Enhancements to Coerce Pleas by Derek Gilna Apparently U.S. Attorney General Eric Holder’s impending retirement from government service has not extinguished his desire to rein in over-zealous federal prosecutors.  In a September 24, 2014 memo to federal prosecutors made public, Holder ...
Texas Man Exonerated By DNA Test He Didn't Request by Matthew Clarke A Texas man, Michael Phillips, 57, recently became the first person to be cleared of a crime by DNA testing he did not request. Phillips was accused of raping a white teenage girl at a Dallas motel in ...
Article • August 2, 2016 • from PLN August, 2016
The Mirage of Justice by by Chris Hedges, Truthdig If you are poor, you will almost never go to trial – instead you will be forced to accept a plea deal offered by government prosecutors. If you are poor, the word of the police, who are not averse to fabricating or ...
Article • July 1, 2016
If You're Poor, Justice in America Doesn't Look the Same by Being poor has become a crime. And this makes mass incarceration the most pressing civil rights issue of our era. By Chris Hedges / Truthdig If you are poor, you will almost never go to trial—instead you will be forced to accept ...
Article • March 31, 2016
Holder Orders U.S. Attorneys Not to Use Appeal Waivers by Derek Gilna Former U.S. Attorney General Eric Holder followed up his announcement restricting the usage of 851’s to coerce plea bargains with an announcement directing, not suggesting, that all U.S. Attorneys refrain from asking for appeal and habeas waivers in ...
Publication • February 24, 2016
Order re Posting Plea Agreements Online, January 2, FL USDC, 2009 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA ADMINISTRATIVE ORDER 2009-2 FILED by IN RE: REMOTE ELECTRONIC ACCESS TO PLEA AGREEMENTS / I D.C. JAN 222009 STEVEN M. LARIMORE CLERK U. S. DIST. CT. S. D. of FLA. - ...
Article • February 17, 2016
Filed under: Guilty Pleas
Oregon Court's No Plea Policy is Abuse of Discretion by Mark Wilson The Oregon Court of Appeals held that rejecting guilty pleas that reduce misdemeanors to violations solely on the basis of a policy of refusing to allow defendants who are charged with misdemeanors to plead guilty to violations was ...
Mandatory Lifetime Monitoring a Direct Consequence of Sex Offense Plea Bargain in Michigan by The Michigan Supreme Court has held that mandatory lifetime electronic monitoring is a direct consequence of a plea to first-degree criminal sexual conduct or second-degree criminal sexual conduct. As such, when a defendant enters a guilty ...
Supreme Court Adopts Strickland Prejudice Standard for Rejected Plea Bargains by Derek Gilna The U.S. Supreme Court, in a 5-4 ruling, has extended Strickland guarantees of effective legal representation to defendants entering into plea bargains. According to Justice Anthony Kennedy, who delivered the majority opinion of the Court, “The reality ...
Dramatic Increase in Percentage of Criminal Cases Being Plea Bargained by Matthew Clarke by Matt Clarke Over the course of the past few decades there has been a significant increase in the percentage of criminal cases being plea bargained and a corresponding decrease in cases that are taken to trial. ...
Habeas Hints: 2012 Supreme Court Habeas Highlights: Plea Bargaining Cases by Kent A. Russell by Kent Russell This column provides “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on “AEDPA” (Antiterrorism and Effective ...
Article • June 15, 2012 • from PLN June, 2012
Failure to Advise Defendant of Ineligibility for Early Release Credits Renders Guilty Plea Invalid by A trial court’s failure to advise a defendant of his or her ineligibility for early release credits renders a guilty plea unknowing and involuntary, the Division Three Court of Appeals for the State of Washington ...
Anatomy of False Confessions, Redux by Earlier this year PLN reported on the phenomenon of suspects who falsely confess to crimes they did not commit. [See: PLN, April 2011, p.18]. As false confessions occur in wrongful conviction cases with disturbing regularity, this article revisits and expounds on this important topic ...
Article • September 15, 2011
Washington Court's Imposition of Unauthorized Supervision Overturned by Randy Town, a Washington state prisoner, pled guilty to 2 counts of statutory rape based on incidents occurring between 1983 and 1987. He was sentenced to 300 months in prison and 1 year of community placement supervision on each count at his ...
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