32 results for 'cat:"Criminal Procedure" AND cat:"Plea"'.
J. Yohalem finds the trial court erroneously granted defendant's motion to enforce a plea agreement revoked by the state on the eve of trial. Even though the state's actions caused a delay of several months, defendant was not prejudiced by the delay and the court could not apply the "detrimental reliance" exception. Reversed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: May 14, 2024, Case #: A-1-CA-40501, Categories: criminal Procedure, plea
J. Baker holds that defendant failed to preserve his claim that the trial court improperly denied his motion to dismiss since he subsequently made a deal to plead guilty to criminal endangerment. Claims of pretrial error are not automatically appealable after a plea and the right to appeal pretrial rulings must be expressly reserved during the plea process. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: May 14, 2024, Case #: DA 21-0648, Categories: criminal Procedure, Dui, plea
J. Park finds that defendant was properly convicted based on his guilty plea to aiding Islamist terrorist group al-Shabaab in raids in Kenya and Somalia that killed scores of civilians, including Americans. Defendant contends the superseding indictment to which he pleaded fell outside the remand mandate of a prior appeal affected by intervening precedent, but nothing on remand blocked superseding indictments, and the initial plea agreement permitted new charges in the event that defendant's conviction was vacated for any reason. Affirmed.
Court: 2nd Circuit, Judge: Park, Filed On: April 29, 2024, Case #: 22-2958-cr, Categories: criminal Procedure, plea, Terrorism
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[Consolidated.] J. Sutton finds that although both defendants are "actually innocent" of firearm specifications to which they pleaded guilty because the charges no longer qualify as crimes of violence, their procedural defaults cannot be excused. The charges dismissed by the government in exchange for guilty pleas are "equally serious" and still qualify as crimes of violence. Therefore, defendants cannot prove their innocence of the dismissed charges and are entitled to no relief. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: April 8, 2024, Case #: 21-6214, Categories: criminal Procedure, Firearms, plea
[Consolidated.] J. Fisher finds that the lower court improperly denied defendant's request to vacate his conviction for weapon possession without a hearing. Defendant pleaded guilty after being charged in a superseding indictment for acting in concert with codefendant to shoot a third man, but unbeknownst to defendant, the third man had previously threatened codefendant with a gun, information which could have affected defendant's decision to enter the plea. Affirmed in part.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: April 4, 2024, Case #: 113487, Categories: criminal Procedure, plea
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to robbery for stealing cell phones. Defendant failed to preserve his contention that the plea was neither knowing nor voluntary in a post-allocution motion, and no exception to the requirement was triggered. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 1, 2024, Case #: 112352, Categories: criminal Procedure, Robbery, plea
J. Lee finds that a decision on motions pending in defendant's appeal from his guilty plea to conspiring to distribute cocaine internationally must be deferred because counsel sought to be relieved from the case and the prosecution requested dismissal based on a negotiated appeal waiver. Counsel failed to address whether forfeiture, special assessments, and supervised release components of defendant's sentence were included in the waiver.
Court: 2nd Circuit, Judge: Lee, Filed On: January 30, 2024, Case #: 22-320-cr, Categories: criminal Procedure, Drug Offender, plea
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of mandamus to compel the trial court to vacate his guilty plea on a domestic violence charge. His claim regarding whether a valid judge presided over the plea hearing is not cognizable in a mandamus claim and should have been brought on direct appeal. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 23, 2024, Case #: 2024-Ohio-181, Categories: criminal Procedure, plea, Domestic Violence
J. Brunner finds a trial court may consider evidence from beyond the four corners of a criminal indictment when a defendant files a motion to dismiss prior to trial and, therefore, the court in this case was required to decide the merits of defendant's motion to dismiss when he claimed he could not be found in violation of child support orders. Defendant argued the statute did not apply to him because he was not in violation of any support orders at the time the indictment was issued, an issue wholly separate from his guilt and one that should have been considered by the court before defendant entered his guilty plea. Therefore, the appeals court properly reversed the trial court's decision and the case must be remanded to the trial court for proper consideration of the motion to dismiss. Affirmed.
Court: Ohio Supreme Court, Judge: Brunner, Filed On: December 22, 2023, Case #: 2023-Ohio-4627, Categories: criminal Procedure, plea
J. McShan finds that the lower court improperly convicted defendant based on his guilty plea to rape involving a child because the agreement to waive indictment and prosecute by superior court information was jurisdictionally defective since such is not permitted when the crime involves a class A felony punishable by life imprisonment. Reversed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: December 21, 2023, Case #: 113189, Categories: criminal Procedure, Sex Offender, plea
J. Stegner finds that the district court properly held that it lacked the authority to seal court records regarding charges that defendant had dismissed under a plea agreement and which were later expunged from police records. Defendant relied on a recent statute which represents overreach by the legislature. He may try again to have the records sealed by invoking the law that gives this court the sole authority to create it own rules to govern the records of the judicial department. Affirmed.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: November 17, 2023, Case #: 49358, Categories: criminal Procedure, plea
J. McShan finds that the lower court properly convicted defendant based on his guilty plea to attempted promoting prison contraband for possessing a ceramic-type scalpel blade. Defendant contends the superior court information to which he pleaded after waiving indictment was jurisdictionally defective for failing to charge the same crime as the felony complaint, but the penal law section citation merely contained a typographical error. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: November 2, 2023, Case #: 112255, Categories: criminal Procedure, plea
[Consolidated.] J. Fisher finds that the decision on defendant's appeal from his conviction for strangulation and attempted rape should be withheld. Defendant contends the plea was involuntary, but the transcript of the proceeding is not available. The matter is remitted to the lower court for a reconstruction hearing on the plea proceedings.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: November 2, 2023, Case #: 110134, Categories: criminal Procedure, plea
[Consolidated.] Per curiam, the court of criminal appeals denies these three consolidated petitions for writ of mandamus, in which the petitioners challenge certain rulings in the underlying criminal case. The state seeks the recusal of the judge, while the petitioners jointly seek an order directing the judge to accept a plea agreement. The judge did not abuse his discretion, however, by refusing to grant the parties' second plea agreement. Also, the state has not shown that the judge is biased against it.
Court: Alabama Court of Criminal Appeals, Judge: Per curiam, Filed On: September 22, 2023, Case #: CR-2022-0966, Categories: criminal Procedure, plea
Per curiam, the Supreme Court of Ohio finds the lower court properly denied the inmate's petition for a writ of mandamus to compel the prosecuting attorney to join in his motion to vacate his plea agreement in a murder case. He seeks to enforce a contractual obligation with the prosecutor, which is a type of relief not cognizable in a mandamus claim. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 7, 2023, Case #: 2023-Ohio-3113, Categories: criminal Procedure, plea
J. Brennan finds that the lower court improperly denied defendant's motion to withdraw his guilty plea to unlawful possession with intent to deliver meth. The trial court failed to give defendant Rule 401(a) admonishments before allowing defendant to proceed pro se, requiring a remand. Reversed.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: September 5, 2023, Case #: 220112, Categories: criminal Procedure, plea
Per curiam, the appeals court finds that, as the state concedes, the trial court improperly denied as untimely defendant's post-conviction motion to withdraw the plea entered in his case. The state's argument that the trial court should be affirmed anyway because it noted in its order that defendant's plea was not involuntary fails, in part because the trial court never addressed defendant's ineffective assistance claims and it ruled at a time when defendant also had a pending motion to amend his initial post-conviction motion. The trial court is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: July 5, 2023, Case #: 22-1787, Categories: criminal Procedure, Ineffective Assistance, plea
J. Lynch finds that the lower court properly convicted defendant based on the guilty plea to rape he entered while serving a lengthy term for pleading guilty to another rape and attempted kidnapping as a sexually motivated felony. Being sentenced remotely during the Covid-19 pandemic did not constitute a mode of proceedings error, as defendant requested such and waived his right to appear in person. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: June 29, 2023, Case #: 113326, Categories: criminal Procedure, Sentencing, plea