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Eighth Circuit: Defendant Facing Revocation of Supervised Release Did Not Knowingly and Voluntarily Waive Right to Counsel Where Appointed Counsel Admittedly Knew Nothing About Case and Advised Choosing Between ‘Big House or the Nut House’
Loaded on April 15, 2023
by Mark Wilson
published in Criminal Legal News
May, 2023, page 17
Filed under:
Appointment of Counsel,
Mental Health,
Knowingly and Intelligently,
Counsel - Right to.
Location:
Minnesota.
by Mark Wilson
The U.S. Court of Appeals for the Eighth Circuit vacated a Minnesota man’s 12-month supervised release revocation sanction, finding that the U.S. District Court for the District of Minnesota improperly forced him to choose between inadequate counsel and no counsel during revocation proceedings.
Phillip Ivers was convicted ...
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More from this issue:
- The Business of Dying: Coroners, Medical Examiners, and the Crisis of Death Investigations in the United States, by Benjamin Tschirhart
- Wisconsin Supreme Court: Riding Same Make of Motorcycle as Reported by Police Speeding and Driving Erratically Does Not Constitute Reasonable Suspicion to Initiate Traffic Stop, by Anthony Accurso
- Fifth Circuit Announces Altered Serial Number Enhancement Does Not Apply Where Gun Never Had Serial Number, by Richard Resch
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- Ohio Supreme Court Holds Termination of Community Control Is Final Discharge for Purposes of Sealing Records and Terminates Unsatisfied Condition to Pay Child-Support Arrearages, by Matthew Clarke
- Eighth Circuit: Defendant Facing Revocation of Supervised Release Did Not Knowingly and Voluntarily Waive Right to Counsel Where Appointed Counsel Admittedly Knew Nothing About Case and Advised Choosing Between ‘Big House or the Nut House’, by Mark Wilson
- First Circuit Vacates Sentence Containing 20-Year Upward Variance Because District Court Failed to Provide Case-Specific Factors or Rationale for Such a Large Variance, by Richard Resch
- Idaho Supreme Court: Drug-Detection Dog Conducted Warrantless Search by Placing Paws on Exterior of Vehicle to Sniff for Drugs, by Richard Resch
- Vermont Supreme Court Announces ‘Pinging’ Cellphone to Obtain Real-Time CSLI Constitutes a Search Requiring a Warrant or Recognized Exception, by Richard Resch
- Georgia Supreme Court: Trial Courts Are Bound to Follow Precedent of Court of Appeals, by Harold Hempstead
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- Police Violence Ignored When It Fails to Support the Media’s Ideological Bias, by Richard Resch, Benjamin Tschirhart
- Arizona Wants to TRAC Your Financial Transactions, by Michael Thompson
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- The FBI Used an Undercover Cop With Pink Hair to Spy on Activists and Manufacture Crimes, by Trevor Aaronson
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More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
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More from these topics:
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- Mentally Incompetent Maine Defendants Sent to South Carolina Wellpath Lockup Called “Essentially Prison”, Jan. 15, 2025. Private Contractors, Bankruptcy, Mental Health, Involuntary Treatment/Drugging.
- Colorado Supreme Court Announces When Deciding Defendant’s Pro Se Motion Requesting Counsel on Postconviction Review, Trial Court Must Either Deny Entire Motion or Permit All Claims If Any Have Arguable Merit, Dec. 15, 2024. Appointment of Counsel, After Request for Counsel, Pro Se Issues.
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024. Medical, Wrongful Death, Mental Health.
- $25 Million Contempt Fine Prompts Release of Pretrial Detainees from Philadelphia Lockups, Dec. 15, 2024. Appointment of Counsel, Contempt (Civil Procedure), Bail/Pretrial Release, Fines.
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- Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated, Nov. 1, 2024. Habeas Corpus, Custodial Interrogations/Statements, Counsel - Right to.
- North Carolina Expands Supervision for Mentally Ill Probationers, Oct. 15, 2024. Mental Health, Lifetime Supervision.
