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In Re Plea Agreements, No. 3:03-MC-67 (W.D.N.C.) ( F.Supp.2d ) (June 4, 2003) (Judge Graham C. Mullen)

Article • July 1, 2003 • from P&J July, 2003

Filed under: Punch And Jurists, Waiver of Appeal Rights

In Re Plea Agreements, No. 3:03-MC-67 (W.D.N.C.) ( F.Supp.2d ) (June 4, 2003) (Judge Graham C. Mullen) by Here the Court held that waivers of appeal provisions (which are now standard in virtually all Federal plea agreements) are "unconscionable" and that plea agreements containing such provisions would no longer be …

U.S. v. Andis, No. 01-1272 (8th Cir.) (333 F.3d 886) (June 27, 2003) (Judge Michael J. Melloy)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Andis, No. 01-1272 (8th Cir.) (333 F.3d 886) (June 27, 2003) (Judge Michael J. Melloy) by Almost immediately after the advent of the Guidelines, the plea bargaining process in Federal criminal cases started undergoing two major changes. First, more defendants began to plead guilty to order to benefit …

U.S. v. Shimoda, No. 02-10188 (9th Cir.) (334 F.3d 846) (June 26, 2003) (Judge Edward Leavy)

Article • June 1, 2003 • from P&J June, 2003

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Shimoda, No. 02-10188 (9th Cir.) (334 F.3d 846) (June 26, 2003) (Judge Edward Leavy) by Scott Shimoda, the defendant in this case, pled guilty to a single count of possession with intent to distribute 500 grams of more or cocaine, in violation of 21 U.S.C. §§ 841 (a)(1), …

U.S. v. Baymon, No. 01-60879 (5th Cir.) (312 F.3d 725) (November 15, 2002) (Judge Harold R. Jr. DeMoss)

Article • January 1, 2003 • from P&J January, 2003

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Baymon, No. 01-60879 (5th Cir.) (312 F.3d 725) (November 15, 2002) (Judge Harold R. Jr. DeMoss) by The defendant in this case pled guilty to two counts of being a public official who accepted a thing of value in return for introducing prohibited contraband into a federal prison …

U.S. v. White, No. 00-11392 (5th Cir.) (307 F.3d 336) (September 23, 2002) (Judge Will L. Garwood)

Article • November 1, 2002 • from P&J November, 2002

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. White, No. 00-11392 (5th Cir.) (307 F.3d 336) (September 23, 2002) (Judge Will L. Garwood) by This case is noted for it review of an important question: does a waiver of appeal provision in a plea agreement automatically bar a subsequent claim based on ineffective assistance of counsel. …

U.S. v. Sines, No. 01-3376 (7th Cir.) (303 F.3d 793) (September 12, 2002) (Judge Ilana Diamond Rovner)

Article • October 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Sines, No. 01-3376 (7th Cir.) (303 F.3d 793) (September 12, 2002) (Judge Ilana Diamond Rovner) by A defendant convicted of bank and mail fraud deemed to have waived the right to appeal imposition of a sex offender treatment program as a special condition of supervised release because his …

Newton v. Rumery, No. 85-1449 (U.S. Supreme Court) (480 U.S. 386; 107 S.Ct. 186) (March 9, 1987) (Justice Powell)

Article • August 8, 2002

Filed under: Punch And Jurists, Waiver of Appeal Rights

Newton v. Rumery, No. 85-1449 (U.S. Supreme Court) (480 U.S. 386; 107 S.Ct. 186) (March 9, 1987) (Justice Powell) by Here the Court reversed a First Circuit ruling that had adopted a rule that agreements under which a criminal defendant released his rights to file an action under § 1983 …

U.S. v. Sykes, No. 00-5377 (6th Cir.) (292 F.3d 495) (June 6, 2002) (Judge Danny J. Boggs)

Article • July 1, 2002 • from P&J July, 2002

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Sykes, No. 00-5377 (6th Cir.) (292 F.3d 495) (June 6, 2002) (Judge Danny J. Boggs) by

U.S. v. Whitlow, No. 01-3999 (7th Cir.) (287 F.3d 638) (April 25, 2002) (Judge Frank H. Easterbrook)

Article • May 1, 2002 • from P&J May, 2002

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Whitlow, No. 01-3999 (7th Cir.) (287 F.3d 638) (April 25, 2002) (Judge Frank H. Easterbrook) by In this case the Seventh Circuit put its seal of approval on a new weapon of vindictiveness in the Government’s continuing battle to reduce, if not eliminate, the number of appeals in …

U.S. v. Hare, No. 00-3002 (7th Cir.) (269 F.3d 859) (October 22, 2001) (Judge Frank H. Easterbrook)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Hare, No. 00-3002 (7th Cir.) (269 F.3d 859) (October 22, 2001) (Judge Frank H. Easterbrook) by Although the Court quickly rejected the defendant's contention, this is the first case we have seen in which a defendant challenged a waiver of appeal provision in a plea agreement as void …

U.S. v. Khattak, No. 00-4169 (3rd Cir.) (273 F.3d 557) (December 6, 2001) (Judge Anthony J. Scirica)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Khattak, No. 00-4169 (3rd Cir.) (273 F.3d 557) (December 6, 2001) (Judge Anthony J. Scirica) by After the defendant in this case signed a standard appeal waiver provision as part of his plea agreement, he asked the Court, on aooeal, to declare that waiver-of-appeals provisions are void as …

U.S. v. Teeter, No. 00-2332 (1st Cir.) (257 F.3d 14) (July 23, 2001) (Judge Bruce M. Selya)

Article • August 1, 2001 • from P&J August, 2001

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Teeter, No. 00-2332 (1st Cir.) (257 F.3d 14) (July 23, 2001) (Judge Bruce M. Selya) by This is an important decision on the validity of the highly-popular waivers of appellate rights that are now inserted in most plea agreements. Defense counsel have frequently criticized such waivers on the …

U.S. v. Cockerham, No. 98-7189 (10th Cir.) (237 F.3d 1179) (January 18, 2001) (Judge Monroe G. McKay)

Article • February 1, 2001 • from P&J February, 2001

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Cockerham, No. 98-7189 (10th Cir.) (237 F.3d 1179) (January 18, 2001) (Judge Monroe G. McKay) by The defendant in this case pled guilty to several drug trafficking crimes. After his conviction was affirmed on appeal, defendant moved for habeas relief under 28 U.S.C.S. § 2255. The United States …

U.S. v. Candelario, No. 99-11443 (11th Cir.) (240 F.3d 1300) (February 5, 2001) (Judge Gerald B. Tjoflat)

Article • January 1, 2001 • from P&J January, 2001

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Candelario, No. 99-11443 (11th Cir.) (240 F.3d 1300) (February 5, 2001) (Judge Gerald B. Tjoflat) by The defendant in this case was convicted in 1994 by a jury of two counts of distributing crack cocaine; and he was sentenced to concurrent terms of life imprisonment on both counts. …

Ohler v. U.S., No. 98-9828 (U.S. Supreme Court) (529 U.S. 753; 120 S.Ct. 1851) (May 22, 2000) (Justice Rehnquist)

Article • July 19, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, Waiver of Appeal Rights

Ohler v. U.S., No. 98-9828 (U.S. Supreme Court) (529 U.S. 753; 120 S.Ct. 1851) (May 22, 2000) (Justice Rehnquist) by In this important decision, which has so far escaped the notice of most commentators, a divided Supreme Court addressed an important issue dealing with the use of impeachment evidence under …

Davis v. U.S., No. 71-6481 (U.S. Supreme Court) (411 U.S. 233; 93 S.Ct. 1577) (April 17, 1973) (Justice Rehnquist)

Article • June 29, 2000

Filed under: Punch And Jurists, Waiver of Appeal Rights

Davis v. U.S., No. 71-6481 (U.S. Supreme Court) (411 U.S. 233; 93 S.Ct. 1577) (April 17, 1973) (Justice Rehnquist) by Here a divided Supreme Court held that the waiver standard set forth in Fed.R.Crim.P. 12(b)(2) bars an untimely claim of grand jury discrimination, not only during the criminal proceeding, but …

U.S. v. Black, No. 98-8056 (10th Cir.) (201 F.3d 1296) (January 27, 2000) (Judge Robert H. Henry)

Article • March 1, 2000 • from P&J March, 2000

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Black, No. 98-8056 (10th Cir.) (201 F.3d 1296) (January 27, 2000) (Judge Robert H. Henry) by in this case, the defendant first argued that the waiver of appellate review set forth in his plea agreement was invalid because the district court itself did not address the waiver provision …

U.S. v. Lester, No. 98-4153 (8th Cir.) (200 F.3d 1179) (January 31, 2000) (Judge Morris Sheppard Arnold)

Article • February 1, 2000 • from P&J February, 2000

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Lester, No. 98-4153 (8th Cir.) (200 F.3d 1179) (January 31, 2000) (Judge Morris Sheppard Arnold) by In this case the defendant signed a plea agreement in which he specifically undertook "to pay any restitution ordered by the District Court." He was then ordered to pay $138,941.40 in restitution, …

U.S. v. Robinson, No. 98-50271 (5th Cir.) (187 F.3d 516) (August 30, 1999) (Judge W. Eugene Davis)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Robinson, No. 98-50271 (5th Cir.) (187 F.3d 516) (August 30, 1999) (Judge W. Eugene Davis) by The Court stated: "It is clear from the plea colloquy that the district court did not ask Robinson whether he had read the written plea agreement and understood it. More importantly, the …

U.S. v. Perez, No. Crim. 98-CR-10389-NG (D.Mass.) (46 F.Supp.2d 59) (April 8, 1999) (Judge Nancy Gertner)

Article • July 1, 1999 • from P&J July, 1999

Filed under: Punch And Jurists, Waiver of Appeal Rights

U.S. v. Perez, No. Crim. 98-CR-10389-NG (D.Mass.) (46 F.Supp.2d 59) (April 8, 1999) (Judge Nancy Gertner) by In this case, Judge Gertner held that even limited appeal waiver provisions are against public policy and unenforceable; and she methodically rejected each of the five main arguments normally used to justify appeal …