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Fourth Circuit: Standalone Rehaif Error Requires Automatic Vacatur of Guilty Plea

Loaded on June 15, 2020 by David Reutter published in Criminal Legal News July, 2020, page 30
Filed under: Notice - Adequacy of, Effect of Vacatur. Location: South Carolina.

by David M. Reutter

The U.S. Court of Appeals for the Fourth Circuit held that the district court’s failure to give a defendant notice that he belonged to a class of persons prohibited from possessing a firearm during his plea colloquy constitutes a structural error that requires his …

 

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  1. A Nation on the Brink, by Christopher Zoukis
  2. Office of Homeland Security Circumventing Warrant Requirement by Buying Cellphone Location Data from Marketing Firm, by Anthony Accurso
  3. From the Editor, by Richard Resch
  4. Using Location Surveillance to Fight COVID-19 May Chill Free Speech and Association, by David Reutter
  5. This Is Not a Revolution. It’s a Blueprint for Locking Down the Nation, by John W. Whitehead
  6. Fourth Circuit Expands Savings Clause of § 2255(e) to Include Later Retroactivity of New Rule, by Dale Chappell
  7. Seventh Circuit: Defendant’s Statement Given to Pretrial Services Can’t Be Admitted to Impeach Witness at Trial, by Douglas Ankney
  8. California Court of Appeal Explains Procedural Requirements for Vacating Felony-Murder Conviction Via Section 1170.95 Petition, by Douglas Ankney
  9. Police Violence Detrimental to Public Health, by Douglas Ankney
  10. Congressmen File Amicus Brief Stressing Congressional Intent That First Step Act’s New Drug Laws Apply at Resentencing, by Dale Chappell
  11. Indiana Supreme Court: Removal of Police’s GPS Tracker on Suspect’s Vehicle Not Probable Cause of Theft, Suppression of Evidence, by Anthony Accurso
  12. New Hampshire Supreme Court: Police Violated Miranda in Obtaining First Statement, and State Failed to Prove Second Statement Was Voluntary, by Douglas Ankney
  13. 5-Year Study Shows Police Stop Black Drivers Less Often at Night When ‘Veil of Darkness’ Obscures Race, by Douglas Ankney
  14. Declassified Court Ruling Details FBI Abuses of Mass Surveillance Data, by Anthony Accurso
  15. Second Circuit: Three Important Rulings Under First Step Act, by Dale Chappell
  16. Marijuana Possession in Virginia Remains Illegal But Is Decriminalized, by Douglas Ankney
  17. Eleventh Circuit Holds Hobbs Act Robbery Doesn’t Trigger Career Offender Enhancement, by Dale Chappell
  18. Biden Accuser Accused of Inflating Credentials to Qualify as Expert Witness, Calling Convictions into Question, by Derek Gilna
  19. COVID-19 Creates Opportunity for Big Brother in the Sky, by Michael Fortino, Ph.D
  20. Perjurous New York City Cop Sentenced to a Single Day in Jail, by Edward Lyon
  21. Fourth Circuit: Standalone Rehaif Error Requires Automatic Vacatur of Guilty Plea, by David Reutter
  22. Nebraska Supreme Court: Multiple Theft Charges for Stealing Items Belonging to Several People at Same Time and Place Violates Double Jeopardy, by Dale Chappell
  23. Is the Death Penalty Slowly Dying Across the Nation?, by Chad Marks
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  25. Colorado Supreme Court: Requiring Defense to Disclose Exhibits to Prosecution Before Trial Violates Due Process Rights, by Dale Chappell
  26. Iowa Supreme Court Orders Dismissal of Charges that State Brought in Breach of Plea Agreement, by Douglas Ankney
  27. Carpenter Slowly Remaking Fourth Amendment Case Law, by Anthony Accurso
  28. Justice Office Awards $145 Million in Forensic Science Grants, by Anthony Accurso
  29. Aggressive NYPD Police Tactics Spreading COVID-19, by Michael Fortino, Ph.D
  30. California Federal Court Rejects Plea Agreement’s Waiver of Compassionate Release Provision, by David Reutter
  31. COVID-19 Causing Some Pretrial Detainees to Spend More Time in Jail, by Douglas Ankney
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