U.S. v. Yang Chia Tien, No. 11-3835-cr (L) (2nd Cir.) (720 F.3d 464) (June 26, 2013) (Judge John F. Keenan)
Loaded on July 15, 2013
published in Punch and Jurists
July 15, 2013
Filed under:
Punch And Jurists,
Knowingly and Voluntarily Made.
District Judge Gary Sharpe of the N.D.N.Y. is no novice. He was appointed to the Federal bench in 2004; and has served as the Chief Judge of his district since 2011. But he sure made a mess of the two guilty plea hearings of the defendant/appellant Yang Tien that …
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More from this issue:
- U.S. v. Galpin, No. 11-4808-cr (2nd Cir.) (720 F.3d 436) (June 25, 2013) (Judge Laura Taylor Swain)
- U.S. v. Reyes-Ceja, No. 11-50167 (9th Cir.) (712 F.3d 1284) (April 1, 2013) (Judge Andrew J. Kleinfeld)
- Sekhar v. U.S., No. 12-357 (U.S. Supreme Court) (570 U.S. 729; 133 S.Ct. 2720) (June 26, 2013) (Justice Scalia)
- U.S. v. Yang Chia Tien, No. 11-3835-cr (L) (2nd Cir.) (720 F.3d 464) (June 26, 2013) (Judge John F. Keenan)
- U.S. v. Palillero, No. 12-1363 (3rd Cir.) (2013 U.S. App. LEXIS 10287) (May 22, 2013) (Judge Theodore A. McKee)
- Kwong v. Bloomberg, No. 12-1578-cv (2nd Cir.) (723 F.3d 160) (July 9, 2013) (Judge Jose A. Cabranes)
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.