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 …
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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:
- SCOTUS Announces Appeal Waivers in Plea Agreements Unenforceable When Enforcement Would Produce a Miscarriage of Justice, Adopting Majority Circuit Approach, July 1, 2026. Involuntary Treatment/Drugging, Knowingly and Intelligently, Preservation of Appellate Rights/Issues, Special Conditions, Knowingly and Voluntarily Made, Validity of.
- Supreme Court of Appeals of West Virginia Announces Six-Factor Test for Evaluating Presentence Motions to Withdraw Guilty Pleas Under Rule 32(e), Holds Binding Plea Agreement Does Not Extinguish Defendant’s Ability to Seek Withdrawal, July 1, 2026. Knowingly and Voluntarily Made, Withdrawal, Grounds For Withdrawal, Acceptance/Rejection by the Court, Validity of.
- Minnesota Supreme Court Announces Heightened Voluntariness Inquiry Required for Contingent Guilty Pleas and Holds Plea Withdrawal Is the Proper Remedy When District Court Fails to Probe Coercion Risk, June 1, 2026. Failure to Object, Knowingly and Voluntarily Made, Grounds For Withdrawal, Acceptance/Rejection by the Court.
- Colorado Limits the Use of Faulty Field Drug Tests, May 1, 2026. Forensic Sciences, Drugs - Determination of, Evidence - Integrity/Reliability of, Drug Laws/Offenses, Knowingly and Voluntarily Made.
- Ninth Circuit Remands California Prisoner’s Case in which No Contest Plea Was Admitted as Evidence of Guilt, Dec. 1, 2025. 42 U.S. Code § 1983, civil action for deprivation of rights, Favorable Disposition, Evidence - Admissibility, Admissions, Knowingly and Voluntarily Made.
- California Court of Appeal Reverses Superior Court’s Denial of Motion to Vacate Conviction Where Defendant Established His Failure to Understand the Immigration Consequences of Plea, Oct. 15, 2025. Mental Health, Failure to Address/Advise Defendant, Aggravated Felony, Asylum, Knowingly and Voluntarily Made.
- 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.
- Mississippi Supreme Court: Defendant’s Guilty Plea Not Knowing and Voluntary Because He Was Not Informed of His Habitual Offender Status, Dec. 1, 2024. Resentencing, De Facto Career Offender, Knowingly and Voluntarily Made.
- Tenth Circuit: Counsel Advising Black Defendant No Minorities Would Be on Jury Is Material Misrepresentation About Right to Impartial Jury Rendering Guilty Plea Unknowing and Involuntary, Aug. 1, 2024. Juries - Fair and Impartial, Racial Bias Exception, Knowingly and Voluntarily Made.
- First Circuit: Defendant Did Not Understand Consequences of Guilty Plea Because District Court and Counsel Led Him to Reasonably Believed Plea Agreement Would Result in Sentence Below Applicable Mandatory Minimum, June 15, 2024. Consequences of Plea, Awareness of Consequences, Credits, Knowingly and Voluntarily Made.