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Brady v. U.S., No. 270 (U.S. Supreme Court) (397 U.S. 742; 90 S.Ct. 1463) (May 4, 1970) (Justice White)

Article • May 8, 2018

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Brady v. U.S., No. 270 (U.S. Supreme Court) (397 U.S. 742; 90 S.Ct. 1463) (May 4, 1970) (Justice White) by In this case the court held that, because a guilty plea constitutes a waiver of three constitutional rights - the right to trial by jury, the right to confront one's …

U.S. v. Yang Chia Tien, No. 11-3835-cr (L) (2nd Cir.) (720 F.3d 464) (June 26, 2013) (Judge John F. Keenan)

Article • July 15, 2013 • from P&J July, 2013

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Yang Chia Tien, No. 11-3835-cr (L) (2nd Cir.) (720 F.3d 464) (June 26, 2013) (Judge John F. Keenan) by 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 …

Hill v. Lockhart, No. 84-1103 (U.S. Supreme Court) (474 U.S. 52; 106 S.Ct. 366) (November 18, 1985) (Justice Rehnquist)

Article • August 24, 2007

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Hill v. Lockhart, No. 84-1103 (U.S. Supreme Court) (474 U.S. 52; 106 S.Ct. 366) (November 18, 1985) (Justice Rehnquist) by Here the Court extended the Strickland analysis to counsel's conduct during the pleading stage;and it held that that the Constitution does not require that a defendant be provided with information …

Henderson v. Morgan, No. 74-1529 (U.S. Supreme Court) (426 U.S. 637; 96 S.Ct. 2253) (June 17, 1976) (Justice Stevens)

Article • June 26, 2005

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Henderson v. Morgan, No. 74-1529 (U.S. Supreme Court) (426 U.S. 637; 96 S.Ct. 2253) (June 17, 1976) (Justice Stevens) by In this case the Court vacated a guilty plea to a charge of second-degree murder because neither the petitioner's attorney not the court informed the petitioner that intent to cause …

Bradshaw v. Stumpf, No. 04-637 (U.S. Supreme Court) (545 U.S. 175; 125 S.Ct. 2398) (June 13, 2005) (Justice O'Connor)

Article • May 1, 2005 • from P&J June, 2005

Filed under: Punch And Jurists, Specific Intent

Bradshaw v. Stumpf, No. 04-637 (U.S. Supreme Court) (545 U.S. 175; 125 S.Ct. 2398) (June 13, 2005) (Justice O'Connor) by A defendant has entered into a knowing guilty plea, despite the trial court’s failure to explain the specific intent to cause death element of the aggravated murder charge, where the …

U.S. v. Villalobos, No. 01-30066 (9th Cir.) (333 F.3d 1070) (June 27, 2003) (Judge James R. Browning)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Villalobos, No. 01-30066 (9th Cir.) (333 F.3d 1070) (June 27, 2003) (Judge James R. Browning) by Here the Court held that the district court had erred in not permitting the defendant to withdraw his guilty plea on the grounds that it was not knowing, intelligent or voluntary because …

Smith v. O'Grady, No. 364 (U.S. Supreme Court) (312 U.S. 329; 61 S.Ct. 572) (February 17, 2041) (Justice Black)

Article • November 27, 2002

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Smith v. O'Grady, No. 364 (U.S. Supreme Court) (312 U.S. 329; 61 S.Ct. 572) (February 17, 2041) (Justice Black) by Case held that a guilty plea may be rendered involuntary if the accused has such an incomplete understanding of the charge that his plea cannot stand as an intelligent admission …

U.S. v. Broce, No. 87-1190 (U.S. Supreme Court) (488 U.S. 563; 109 S.Ct. 757) (January 23, 1989) (Justice Kennedy)

Article • November 23, 2002

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Broce, No. 87-1190 (U.S. Supreme Court) (488 U.S. 563; 109 S.Ct. 757) (January 23, 1989) (Justice Kennedy) by Here the Court explained the finality of a guilty plea, noting that a guilty plea generally bars any double jepardy collateral attacks, with limited exceptions, as well as the right …

Bailey v. Weber, No. 01-1550 (8th Cir.) (295 F.3d 852) (July 10, 2002) (Judge Roger L. Wollman)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Bailey v. Weber, No. 01-1550 (8th Cir.) (295 F.3d 852) (July 10, 2002) (Judge Roger L. Wollman) by Here the Court affirmed the denial of a writ of habeas corpus, holding that the defendant’s plea agreement was knowingly and voluntarily made despite fact that he had an IQ of 66 …

Boykin v. Alabama, No. 642 (U.S. Supreme Court) (395 U.S. 238; 89 S.Ct. 1709) (June 2, 1969) (Justice Douglas)

Article • October 16, 2000

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Boykin v. Alabama, No. 642 (U.S. Supreme Court) (395 U.S. 238; 89 S.Ct. 1709) (June 2, 1969) (Justice Douglas) by In this case the Court observed: "A plea of guilty is more than a confession which admits that the accused did various acts; it is itself a conviction; nothing remains …

McCarthy v. U.S., No. 43 (U.S. Supreme Court) (394 U.S. 459; 89 S.Ct. 1166) (April 2, 1969) (Justice Warren)

Article • October 3, 2000

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

McCarthy v. U.S., No. 43 (U.S. Supreme Court) (394 U.S. 459; 89 S.Ct. 1166) (April 2, 1969) (Justice Warren) by This is the Supreme Court's seminal case on Rule 11 of the Fed.R.Crim.P., and is spelled out the procedures that must be followed under Rule 11 before a United States …

DeRoo v. U.S., No. 99-1188 (8th Cir.) (223 F.3d 919) (August 31, 2000) (Judge Robert W. Pratt)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

DeRoo v. U.S., No. 99-1188 (8th Cir.) (223 F.3d 919) (August 31, 2000) (Judge Robert W. Pratt) by In this case the Court granted a certificate of appealability on the single issue of whether the defendant had validly waived his section 2255 right to challenge his conviction and sentence on …

Parker v. North Carolina, No. 268 (U.S. Supreme Court) (397 U.S. 790; 90 S.Ct. 1458) (May 4, 1970) (Justice White)

Article • September 25, 2000

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

Parker v. North Carolina, No. 268 (U.S. Supreme Court) (397 U.S. 790; 90 S.Ct. 1458) (May 4, 1970) (Justice White) by The petitioner in this case argued that his guilty plea was involuntary and thus invalid for two reasons: first, because it was induced by a North Carolina statute providing …

McMann v. Richardson, No. 153 (U.S. Supreme Court) (397 U.S. 759; 90 S.Ct. 1441) (May 4, 1970) (Justice White)

Article • September 25, 2000

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

McMann v. Richardson, No. 153 (U.S. Supreme Court) (397 U.S. 759; 90 S.Ct. 1441) (May 4, 1970) (Justice White) by Here, following counseled guilty pleas, the court refused to address the merits of claimed constitutional violations that the guilty pleas had been coerced, since the issue was whether the pleas …

U.S. v. Timbana, No. 97-30001 (9th Cir.) (222 F.3d 688) (July 28, 2000) (Judge Arthur L. Alarcon)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Timbana, No. 97-30001 (9th Cir.) (222 F.3d 688) (July 28, 2000) (Judge Arthur L. Alarcon) by 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 …

U.S. v. Hernandez, No. 98-50206 (9th Cir.) (203 F.3d 614) (February 11, 2000) (Judge Stephen Reinhardt)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Hernandez, No. 98-50206 (9th Cir.) (203 F.3d 614) (February 11, 2000) (Judge Stephen Reinhardt) by Here the Court held that a plea agreement entered after the district court improperly denied the defendant the right to represent himself at trial was not voluntarily entered into and had to be …

U.S. v. Hernandez-Wilson, No. 98-1212 (1st Cir.) (186 F.3d 1) (July 23, 1999) (Judge Kermit A. Lipez)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Hernandez-Wilson, No. 98-1212 (1st Cir.) (186 F.3d 1) (July 23, 1999) (Judge Kermit A. Lipez) by In this case, the defendant withdrew his not guilty plea based on the Government's promise to recommend that that he be sentenced under the "safety valve provisions of 18 U.S.C. § 3553(f). …

U.S. v. Blackwell, No. 97-1143(L) (2nd Cir.) (172 F.3d 129) (March 19, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Blackwell, No. 97-1143(L) (2nd Cir.) (172 F.3d 129) (March 19, 1999) (Per Curiam) by In the topsy-turvy world of criminal law, the Federal Rules of Criminal Procedure can be one of its greatest enigmas. While those Rules were created to govern and to bring about an air of …

U.S. v. Andrades, No. 98-1112 (2nd Cir.) (169 F.3d 131) (February 26, 1999) (Judge Rosemary S. Pooler)

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

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Andrades, No. 98-1112 (2nd Cir.) (169 F.3d 131) (February 26, 1999) (Judge Rosemary S. Pooler) by The Second Circuit held that the district court's error in failing to advise the defendant of the effect of supervised release at his plea was harmless error. However the district court vacated …

U.S. v. Odedo, No. 97-30095 (9th Cir.) (154 F.3d 937) (August 26, 1998) (Judge Proctor Jr. Hug)

Article • October 1, 1998 • from P&J October, 1998

Filed under: Punch And Jurists, Knowingly and Voluntarily Made

U.S. v. Odedo, No. 97-30095 (9th Cir.) (154 F.3d 937) (August 26, 1998) (Judge Proctor Jr. Hug) by The Court first stated: "We concur with the D.C. Circuit which addressed this issue in United States v. Lyons, 53 F.3d 1321 (D.C. Cir. 1995) and concluded that "[a]ny deviation from the …