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Fourth Circuit Rules Government Breached Plea Agreement When It Failed to Honor Its Drug Conduct Stipulation at Sentencing
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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More from this issue:
- News in Brief
- Another Life Ruined as a Result of a Bad Cop and Failure to Follow Policy, by Douglas Ankney
- Stop Peeking Inside the Black Box
- Over a Year After Cook County Bail Reform, Jails Are Still Full, by Dale Chappell
- $250,000 Awarded to Woman Who Spent 96 Days in Jail, by Douglas Ankney
- Getting Rid of the ‘X’, by Jayson Hawkins
- FBI Using Private Ancestry Databases to Zero in on Suspects, by Edward Lyon
- Misconduct Suits Against New York City Police Department on the Rise, by Douglas Ankney
- Study: Technology Creates and Embeds Bias in the Criminal Justice System, by Douglas Ankney
- Modern Forensics Findings Not Always 100 Percent Reliable, by Edward Lyon
- Police Want Unfettered Access to Consumer DNA Databases, by Kevin Bliss
- Court’s in Session: The Honorable Algorithm Presiding, by Douglas Ankney
- Prosecutors Use Blacklists to Keep Dishonest Officers out of the Courtroom, by Kevin Bliss
- Taking Pictures in the Dark: Florida Police Not Forthcoming About Investigations Using Facial Recognition Software, by Douglas Ankney
- Killer Cops and Vilified Victims, by Jayson Hawkins
- Ohio Mayor’s Courts Are Huge Sources of Unjust Revenues, by Edward Lyon
- 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
- Fourth Circuit Tosses Evidence Discovered by Illegal GPS Tracker, by Dale Chappell
- Hawai’i Supreme Court: Cumulative Effect of Multiple Instances of Prosecutorial Misconduct Requires Reversal, by Douglas Ankney
- D.C. Circuit Holds Expert’s False Testimony ‘Material,’ Allowing Challenge to Four-Decade-Old Murder Conviction, by Dale Chappell
- Ninth Circuit Rules Robbery Committed Alone by Gang Member Not Enough for California Gang Enhancement, Despite Testimony of Gang Expert, by Dale Chappell
- Fourth Circuit Rules Assault on Government Official Under North Carolina Statute Not a ‘Crime of Violence’, by Chad Marks
- Eighth Circuit: Forfeited Claim of Miscalculated Criminal History Score Is Reviewable Under Plain Error Standard, by Douglas Ankney
- Violence in the House: Studies Find Cops’ Families Live Dangerous Lives, by Edward Lyon
- 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
- Police Avoid Negative Publicity by Routinely Withholding Body-Cam Footage, by Kevin Bliss
- 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
- Hawai’i Supreme Court Announces New Rule Requiring Tachibana Colloquy in All Trials, by Douglas Ankney
- Kansas Supreme Court: Correcting Illegal Sentence After Fully Served Violates Prohibition Against Double Jeopardy, by Matthew Clarke
- Missouri Supreme Court Issues Writ of Prohibition Prohibiting Circuit Court From Revoking Probation After Probation Term Had Already Expired, by Douglas Ankney
- Forced Self-Incrimination, by Larry N.
- Second Circuit Holds Government’s Misleading Disclosure of Inculpatory Statement Requires New Trial, by Dale Chappell
- Prosecutorial Power Used Too Often to Stop Prisoners From Getting Second Chance at Life, by Chad Marks
- 11th Circuit Holds Conviction Under Georgia’s Aggravated Assault Statute Is Not a ‘Crime of Violence’ When Based Upon a Mens Rea of Recklessness, by Douglas Ankney
- Attempted Felony-Murder Is Not a Cognizable Crime in West Virginia, by Douglas Ankney
- Arkansas Supreme Court Rules Justification Defense Available When Charged With Manslaughter, by David Reutter
- 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
- Fifth Circuit Rules Evidence of Counsel’s Dual Representation of Defendant and Codefendant Results in Possible Actual Conflict of Interest Requires Evidentiary Hearing, by Dale Chappell
- North Dakota Supreme Court Reinstates Postconviction Relief Application Dismissed Without Notice of Motion for Summary Disposition, by Matthew Clarke
- Oregon Supreme Court: State Constitution Requires Warrant to Specify When Internet Searches Occurred, by Mark Wilson
- Maryland Court of Appeals Holds Valid Prescription Constitutes ‘Verbal Act’ Thus Not Barred From Evidence as Hearsay When Basis for Statutory Defense, by Dale Chappell
- Second Circuit Rules District Court Improperly Denied Coram Nobis Petition Claiming Ineffective Assistance of Counsel, by Douglas Ankney
- Massachusetts Supreme Judicial Court Announces in Case of First Impression That Police Causing Cellphone to Reveal Its Real Time Location Is a Search Under State Constitution, by Douglas Ankney
- Eighth Circuit Finds Child Porn Sentence ‘Substantively Unreasonable’, by Dale Chappell
- Fourth Circuit Rules Government Breached Plea Agreement When It Failed to Honor Its Drug Conduct Stipulation at Sentencing, by Chad Marks
- Compelled Decryption Primer, by National Association of Criminal Defense Lawyers Fourth Amendment Center
- Illinois Enacts Youthful Parole for Some, by Clifford Powers
- 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
- Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates, by Mark Wilson
- Locking Up Drug ‘Dealers’ to Save Users Doesn’t Make Anyone Safer, by Alyssa Stryker
- Jury Takes Just 9 Minutes to Find Man Who Blared ‘F--k tha Police’ Toward Cops Not Guilty, by Dale Chappell
- Policing for Profit: Justice Reformers Chip Away at Civil Asset Forfeiture, by Noreen Marcus
More from Chad Marks:
- Use of Solitary Confinement During Pandemic Detrimental To Prisoners and Not Slowing Spread of COVID-19, May 1, 2021
- COVID-19 Inspired Ban on Prison Visits in Texas Ends, April 1, 2021
- Sequel: Three Additional Federal Executions Before Trump Left Office, March 1, 2021
- Connecticut: Summary Judgment Denied in Deliberate Indifference Case Where Facial Lesion Turned Out To Be Skin Cancer, Nov. 1, 2020
- Ford Foundation President’s Support to Replace Rikers With Other Jails Criticized, Oct. 1, 2020
- Wisconsin: Court Dismisses Prisoners’ Suit Over Asbestos, Mold on Procedural Grounds, Sept. 1, 2020
- New Jersey: Commission Recommends State Take 100 Steps to Improve Re-Entry for Ex-Prisoners, Sept. 1, 2020
- New York: Prisoner Kills Himself After Brutal Beating by Guards, Aug. 1, 2020
- Jury Award $700,000 to Maryland Prisoner Assaulted by Guards, Aug. 1, 2020
- Is the Death Penalty Slowly Dying Across the Nation?, June 15, 2020
More from these topics:
- Prison Profiteers Ready to Help Trump Make Good on Deportation Threats, Feb. 15, 2025. GEO Group/Wackenhut, Government Misconduct, Deportation/Removal/Exclusion, Police/Govt Misconduct.
- Colorado Legislature’s New Jail Oversight Committee Not Weighted in Detainees’ Favor, Jan. 15, 2025. Government Misconduct, Committee Reports, Relevant Conduct.
- GOP Michigan County Commissioner Re-elected— and Headed to Federal Prison, Jan. 15, 2025. Government Misconduct, Marijuana Laws/Issues, Probation, Parole & Supervised Release, Criticism of Government.
- 1,200 Washington Prisoners Lose Laptops After One Shows Up on eBay, Aug. 15, 2024. Government Misconduct, Education, Computers, Internet.
- Georgia Sheriff Takes $160,000 Kickback from Pay Tel for Video Visitation, July 1, 2024. Government Misconduct, Video Visitation, Private Phone Contractors.
- Reform-Minded Prosecutors Face Backlash for Prosecuting Bad Cops, June 15, 2024. Police Misconduct, Government Misconduct, Prosecutor/Attorney General Misconduct, Prosecutors, Police/Govt Misconduct, Criticism of Government.
- Medical Examiners’ Biased Manner of Death Determinations Sending Innocent People to Prison and Exonerating Bad Cops, June 15, 2024. Police Misconduct, Medical Misconduct, Government Misconduct, Forensic Sciences, Police/Govt Misconduct.
- More Alabama Prisoners’ Families Say Their Corpses Were Returned Without Organs, June 1, 2024. DOC/BOP misconduct, Government Misconduct.
- Watchdog Finds “Alarming Conditions” at BOP Women’s Lockup in Florida, June 1, 2024. Government Misconduct, Totality of Conditions, Bureau of Prisons (BOP).
- FBI’s Bias for Keywords, April 15, 2024. Government Misconduct, FBI, Police State-Surveillance, Electronic Surveillance, Social Media.