U.S. v. Timbana, No. 97-30001 (9th Cir.) (222 F.3d 688) (July 28, 2000) (Judge Arthur L. Alarcon)
Loaded on July 1, 2000
published in Punch and Jurists
July 17, 2000
Filed under:
Punch And Jurists,
Knowingly and Voluntarily Made.
Here the Court held that the district court erred by not conducting a sufficiently thorough Rule 11(c) plea colloquy in the case of a brain damaged defendant to determine whether it was knowingly and intelligently made.
This is one of those decisions that shows how hard it can be to …
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More from this issue:
- U.S. v. Ramirez-Cortez, No. 98-50774 (9th Cir.) (213 F.3d 1149) (May 25, 2000) (Judge Kim McLane Wardlaw)
- U.S. v. Aguayo-Delgado, No. 99-4098 (8th Cir.) (220 F.3d 926) (July 18, 2000) (Judge Pasco M. II Bowman)
- U.S. v. Hall, No. 99-3141 (D.C. Cir.) (214 F.3d 175) (June 2, 2000) (Judge Harry T. Edwards)
- U.S. v. Timbana, No. 97-30001 (9th Cir.) (222 F.3d 688) (July 28, 2000) (Judge Arthur L. Alarcon)
- U.S. v. McMutuary, No. 98-1150 (7th Cir.) (217 F.3d 477) (June 21, 2000) (Judge Michael S. Kanne)
- Lee v. Kemna, No. 99-2406 (8th Cir.) (213 F.3d 1037) (May 25, 2000) (Per Curiam)
- U.S. v. Osoba, No. 99-3064 (6th Cir.) (213 F.3d 913) (May 25, 2000) (Judge Gilbert S. Merritt)
- U.S. v. Jackson, No. 98-6487 (10th Cir.) (213 F.3d 1269) (June 2, 2000) (Judge Wade Brorby)
- U.S. v. Sheppard, No. 00-1218 (8th Cir.) (219 F.3d 766) (July 18, 2000) (Judge James B. Loken)
- U.S. v. Poehlman, No. 98-50631 (9th Cir.) (217 F.3d 692) (June 27, 2000) (Judge Alex Kozinski)
- U.S. v. Agne, No. 98-1974 (1st Cir.) (214 F.3d 47) (May 31, 2000) (Judge Frank M. Coffin)
- U.S. v. Sample, No. 99-3475 (8th Cir.) (213 F.3d 1029) (May 31, 2000) (Judge David R. Hansen)
- In Re McGinn, No. 00-10367 (5th Cir.) (213 F.3d 884) (June 1, 2000) (Per Curiam)
- U.S. v. Osoba, No. 99-3064 (6th Cir.) (213 F.3d 913) (May 25, 2000) (Judge Gilbert S. Merritt)
- U.S. v. Martinez-Gaytan, No. 99-50559 (5th Cir.) (213 F.3d 890) (June 5, 2000) (Judge Cynthia Holcomb Hall)
- U.S. v. Ahmad, No. 98-1467 (4th Cir.) (213 F.3d 805) (May 25, 2000) (Judge Diana Gribbon Motz)
More from these topics:
- Massachusetts Supreme Judicial Court Clarifies Trial Court Must Conduct Inquiry Whether Defendant Knowingly and Voluntarily Waived Right to Counsel at ‘Any Stage of a Case,’ Including Arraignment or Plea Hearing, Feb. 1, 2025. Counsel - Right to, Knowingly and Voluntarily Made.
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- Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, May 15, 2024. Juries - Fair and Impartial, Impartial Jury, Fair Cross Section Requirement, Consequences of Plea, Misleading Advice/Statements to Defendant, Knowingly and Voluntarily Made.
- Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, March 15, 2024. Police Misconduct, Police/Govt Misconduct, Plea Bargaining, Evidence - Destruction/Fabrication/Manipulation of, Knowingly and Voluntarily Made.
- New Mexico Supreme Court Announces Trial Courts Retain Common Law Jurisdictional Authority to Correct Illegal Sentences, Allows Defendant to Withdraw Plea After Sentence Correction Involving Additional Parole Time, Nov. 1, 2023. Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release, Knowingly and Voluntarily Made.
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- Seventh Circuit Vacates Federal Drug Conspiracy Conviction Because District Court Failed to Ensure Defendant Understood ‘Agreement’ Element of Conspiracy and Failed to Ensure Factual Basis for Guilty Plea, April 15, 2023. Procedural Default/Error, Conspiracies, Attempts, Solicitations, Knowingly and Voluntarily Made.
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