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Fourth Circuit Rules Government Breached Plea Agreement When It Failed to Honor Its Drug Conduct Stipulation at Sentencing

Loaded on June 17, 2019 by Chad Marks published in Criminal Legal News July, 2019, page 14
Filed under: Government Misconduct, Appeals, Sentencing. Location: United States of America.

by Chad Marks

The U.S. Court of Appeals for the Fourth Circuit ruled that the Government breached its plea agreement with the defendant by failing to honor its drug conduct stipulation at sentencing and failing to advocate for acceptance of its agreement after the Government learned its assumption about the ...

 

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  1. News in Brief
  2. Another Life Ruined as a Result of a Bad Cop and Failure to Follow Policy, by Douglas Ankney
  3. Stop Peeking Inside the Black Box
  4. Over a Year After Cook County Bail Reform, Jails Are Still Full, by Dale Chappell
  5. $250,000 Awarded to Woman Who Spent 96 Days in Jail, by Douglas Ankney
  6. Getting Rid of the ‘X’, by Jayson Hawkins
  7. FBI Using Private Ancestry Databases to Zero in on Suspects, by Edward Lyon
  8. Misconduct Suits Against New York City Police Department on the Rise, by Douglas Ankney
  9. Study: Technology Creates and Embeds Bias in the Criminal Justice System, by Douglas Ankney
  10. Modern Forensics Findings Not Always 100 Percent Reliable, by Edward Lyon
  11. Police Want Unfettered Access to Consumer DNA Databases, by Kevin Bliss
  12. Court’s in Session: The Honorable Algorithm Presiding, by Douglas Ankney
  13. Prosecutors Use Blacklists to Keep Dishonest Officers out of the Courtroom, by Kevin Bliss
  14. Taking Pictures in the Dark: Florida Police Not Forthcoming About Investigations Using Facial Recognition Software, by Douglas Ankney
  15. Killer Cops and Vilified Victims, by Jayson Hawkins
  16. Ohio Mayor’s Courts Are Huge Sources of Unjust Revenues, by Edward Lyon
  17. In a Rare Move, California Court of Appeal Discharges Prisoner from All Forms of Custody, Including Parole, After Finding Time Served in Prison Grossly Disproportionate to His Offense, by Douglas Ankney
  18. Fourth Circuit Tosses Evidence Discovered by Illegal GPS Tracker, by Dale Chappell
  19. Hawai’i Supreme Court: Cumulative Effect of Multiple Instances of Prosecutorial Misconduct Requires Reversal, by Douglas Ankney
  20. D.C. Circuit Holds Expert’s False Testimony ‘Material,’ Allowing Challenge to Four-Decade-Old Murder Conviction, by Dale Chappell
  21. Ninth Circuit Rules Robbery Committed Alone by Gang Member Not Enough for California Gang Enhancement, Despite Testimony of Gang Expert, by Dale Chappell
  22. Fourth Circuit Rules Assault on Government Official Under North Carolina Statute Not a ‘Crime of Violence’, by Chad Marks
  23. Eighth Circuit: Forfeited Claim of Miscalculated Criminal History Score Is Reviewable Under Plain Error Standard, by Douglas Ankney
  24. Violence in the House: Studies Find Cops’ Families Live Dangerous Lives, by Edward Lyon
  25. Ohio Supreme Court: Plea Defendant Must Be Informed of Maximum Penalty for Postrelease-Control Violation Prior to Pleading Guilty to a New Felony, by David Reutter
  26. Police Avoid Negative Publicity by Routinely Withholding Body-Cam Footage, by Kevin Bliss
  27. Indiana Supreme Court: IAC Where Lawyer Marks ‘Not Applicable’ to Immigration Consequences Warning on Court’s Advisement Form Without Knowing Client’s Immigration Status, by David Reutter
  28. Hawai’i Supreme Court Announces New Rule Requiring Tachibana Colloquy in All Trials, by Douglas Ankney
  29. Kansas Supreme Court: Correcting Illegal Sentence After Fully Served Violates Prohibition Against Double Jeopardy, by Matthew Clarke
  30. Missouri Supreme Court Issues Writ of Prohibition Prohibiting Circuit Court From Revoking Probation After Probation Term Had Already Expired, by Douglas Ankney
  31. Forced Self-Incrimination, by Larry N.
  32. Second Circuit Holds Government’s Misleading Disclosure of Inculpatory Statement Requires New Trial, by Dale Chappell
  33. Prosecutorial Power Used Too Often to Stop Prisoners From Getting Second Chance at Life, by Chad Marks
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  37. Washington Supreme Court Rules Attenuation Doctrine Inapplicable Where Police Illegally Seize Person Followed by Ferrier Warnings and Consent to Search, Evidence Must Be Suppressed, by Douglas Ankney
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  39. North Dakota Supreme Court Reinstates Postconviction Relief Application Dismissed Without Notice of Motion for Summary Disposition, by Matthew Clarke
  40. Oregon Supreme Court: State Constitution Requires Warrant to Specify When Internet Searches Occurred, by Mark Wilson
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  44. Eighth Circuit Finds Child Porn Sentence ‘Substantively Unreasonable’, by Dale Chappell
  45. Fourth Circuit Rules Government Breached Plea Agreement When It Failed to Honor Its Drug Conduct Stipulation at Sentencing, by Chad Marks
  46. Compelled Decryption Primer, by National Association of Criminal Defense Lawyers Fourth Amendment Center
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  48. Judge Weinstein Holds that an Appeal Waiver Provision in a Plea Agreement that Seeks a Waiver of All Collateral Rights Is Impermissible Under the Constitution Unless it Specifically Enumerates All Exceptions Required by Law So that a Defendant Has Notice, by Punch & Jurists
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  50. Locking Up Drug ‘Dealers’ to Save Users Doesn’t Make Anyone Safer, by Alyssa Stryker
  51. Jury Takes Just 9 Minutes to Find Man Who Blared ‘F--k tha Police’ Toward Cops Not Guilty, by Dale Chappell
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