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In the United States District Court for the Western District of Wisconsin
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN LARRY SPENCER, Petitioner, OPINION AND ORDER v. 05-C-0666-C CATHY FARREY, Warden, New Lisbon Correctional Institution, Respondent. This is an application for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. Larry Spencer, an inmate at the New Lisbon Correctional Institution, collaterally attacks the judgments of conviction imposed upon him by the Circuit Court for Dane County following petitioner’s entry of Alford pleas in two cases, 01 CF 1125, a case involving multiple forgery counts, and 01 CF 1242, a drug case. This court previously dismissed petitioner’s attack on the latter case on grounds of procedural default. Now before the court for decision are the claims attacking the validity of the forgery conviction. Those claims, as construed by this court in previous orders, are the following: 1) petitioner’s plea was involuntary because a) it was coerced; b) his lawyer misled him about the nature of an Alford plea and c) the trial court said nothing at the plea hearing to correct petitioner’s misunderstanding; 2) the trial court violated petitioner’s Sixth Amendment right to self- representation by refusing to allow petitioner to represent himself at trial; 3) petitioner’s trial lawyer was ineffective for failing to seek a competency evaluation of petitioner before allowing petitioner to enter an Alford plea; and 4) petitioner’s appellate lawyer was ineffective for raising only this last issue on appeal. There is no dispute that petitioner has procedurally defaulted his first two claims by failing to fairly present them to the state courts on direct appeal. -
SLIP OPINION (Not the Court’S Final Written Decision)
NOTICE: SLIP OPINION (not the court’s final written decision) The opinion that begins on the next page is a slip opinion. Slip opinions are the written opinions that are originally filed by the court. A slip opinion is not necessarily the court’s final written decision. Slip opinions can be changed by subsequent court orders. For example, a court may issue an order making substantive changes to a slip opinion or publishing for precedential purposes a previously “unpublished” opinion. Additionally, nonsubstantive edits (for style, grammar, citation, format, punctuation, etc.) are made before the opinions that have precedential value are published in the official reports of court decisions: the Washington Reports 2d and the Washington Appellate Reports. An opinion in the official reports replaces the slip opinion as the official opinion of the court. The slip opinion that begins on the next page is for a published opinion, and it has since been revised for publication in the printed official reports. The official text of the court’s opinion is found in the advance sheets and the bound volumes of the official reports. Also, an electronic version (intended to mirror the language found in the official reports) of the revised opinion can be found, free of charge, at this website: https://www.lexisnexis.com/clients/wareports. For more information about precedential (published) opinions, nonprecedential (unpublished) opinions, slip opinions, and the official reports, see https://www.courts.wa.gov/opinions and the information that is linked there. Fl L E IN CLERKS OFFICE llJIAEME COURT, STATE OF WASHINGTON This oplnlonwas filed fOr record. -
Criminal Tax Manual Prev Next TABLE OF
Criminal Tax Manual prev ● next TABLE OF CONTENTS 5.00 PLEA AGREEMENTS AND DETENTION POLICIES ........................................... 1 5.01 TAX DIVISION PLEA AGREEMENT POLICY ................................................. 1 5.01[1] Offense of Conviction — The Major Count Policy ....................................... 1 5.01[2] Relevant Conduct and Tax Loss..................................................................... 2 5.01[3] Waiver of Appeal of Sentence in Plea Agreements ....................................... 2 5.01[4] Nolo Contendere Pleas ................................................................................... 3 5.01[5] Alford Pleas .................................................................................................... 4 5.01[6] Statements by Government Counsel at Sentencing; Agreeing to Probation .. 4 5.01[7] Compromise of Criminal Liability/Civil Settlement ...................................... 5 5.01[8] Contract Terms, Breach, and Enforcement .................................................... 7 5.02 EXPEDITED PLEA PROGRAM ........................................................................... 9 5.03 TRANSFER FROM DISTRICT FOR PLEA AND SENTENCE ........................ 10 5.04 DETENTION AND BAIL DURING THE COURSE OF PROCEEDINGS ....... 11 9080389.1 5.00 PLEA AGREEMENTS AND DETENTION POLICIES 5.01 TAX DIVISION PLEA AGREEMENT POLICY 5.01[1] Offense of Conviction — The Major Count Policy The Tax Division designates at least one count in each authorized tax case as the “major count.” The -
Our Role and Responsibility for Fair and Affordable Housing
Our Role and Responsibility for Fair and Affordable Housing William G. Balter Wilder Balter Partners, Inc. Don Elliott, FAICP Clarion Associates Mary Jennings Mahon Westchester County Lawrence C. Salley, AICP African American Men of Westchester Housing Committee Moderator: Rosemarie Noonan, Esq. Housing Action Council HOUSING DEVELOPMENT AFFIRMATIVE FAIR HOUSING MARKETING PLAN REQUIREMENTS I. Overview..............................................................................................................................1 II. Housing Development Identification...................................................................................2 III. Accessibility/Adaptability Policies......................................................................................3 IV. Marketing Consultant and Marketing Agent .......................................................................4 V. Direction of Marketing Activities........................................................................................5 VI. Marketing Program ..............................................................................................................5 VII. Homeowner and Rental Tenant Application and Selection Procedures ............................19 VIII. Assessment of Marketing Efforts.......................................................................................23 IX. Future Marketing Activities...............................................................................................24 X. Staff Experience and Instructions for Fair -
Student Study Guide Chapter Seven
STUDENT STUDY GUIDE CHAPTER SEVEN Multiple Choice Questions 1. Which of the following contributes to a large amount of public attention for a criminal trial? a. Spectacular crime b. Notorious parties c. Sympathetic victim d. All of the above 2. How are most criminal cases resolved? a. Arraignment b. Plea Bargaining c. Trials d. Appeals 3. Preventive detention has been enacted into law through the ____________. a. Bail Reform Act b. Bail Restoration Act c. Bond Improvement Act d. Bond Policy Act 4. The customary fee for a bail bondsman is ____ of the bail amount. a. 5% b. 10% c. 20% d. 25% 5. Which of the following is not a feature of the grand jury? a. Open to the public b. Advised by a prosecuting attorney c. Sworn to forever secrecy d. Size variation among states 6. If a defendant refuses to enter a plea, the court enters a(n) ____________ plea on his or her behalf. a. guilty b. not guilty c. nolo contendere d. Alford 1 7. Who is responsible for preparing a presentence investigation report? a. Judge b. Jury c. Probation officer d. Corrections officer 8. If a motion for _____________ is granted, one side may have to produce lists of witnesses and witness roles in the case. a. discovery b. severance c. suppression d. summary judgment 9. Which of the following motions may be requested in order to make the defendant appear less culpable? a. Motion for discovery b. Motion in limine c. Motion for change of venue d. Motion to sever 10. Which of the following motions might be requested as the result of excessive pretrial publicity? a. -
CH 10 Confessions
CONFESSIONS .............................................................................................. 1 §10-1 Fifth Amendment Rights .......................................................................... 1 §10-2 Suppression Motions and Hearings ..................................................... 12 §10-3 Miranda Warnings ................................................................................... 17 §10-3(a) Generally ......................................................................................... 17 §10-3(b) Non-Police Interrogation ............................................................. 26 §10-3(c) “In custody” .................................................................................... 28 §10-3(d) “Interrogation” ............................................................................... 49 §10-4 Waiver of Rights ....................................................................................... 53 §10-4(a) Generally ......................................................................................... 53 §10-4(b) Interrogation After the Right to Counsel Attaches ............... 62 §10-4(c) Interrogation After Request for Counsel ................................. 68 §10-4(d) Interrogation After Request to Remain Silent ....................... 82 §10-5 Voluntariness ............................................................................................ 89 §10-5(a) Generally ......................................................................................... 89 §10-5(b) Examples: -
The People's Pr: Public Relations, Occupy Wall
THE PEOPLE’S PR: PUBLIC RELATIONS, OCCUPY WALL STREET, AND THE STATUS QUO By CAMILLE REYES A Dissertation submitted to the Graduate School-New Brunswick Rutgers, The State University of New Jersey in partial fulfillment of the requirements for the degree of Doctor of Philosophy Graduate Program in Communication, Information and Library Studies Written under the direction of Dr. Todd Wolfson and approved by ____________________________ ____________________________ ____________________________ ____________________________ New Brunswick, New Jersey MAY 2016 ABSTRACT OF THE DISSERTATION The People’s PR: Public Relations, Occupy Wall Street, and the Status Quo by CAMILLE REYES Dissertation Director: Dr. Todd Wolfson This dissertation presents a case study of the New York City based Press Relations Working Group (Press WG) of Occupy Wall Street (OWS), the 2011 social movement that advocated for economic justice in the wake of the 2008 financial crisis. The inquiry explores the group’s practices of public relations in order to understand how they and other stakeholders co-constructed meanings concerning social justice at the time. The semi-structured interviews with former group members, public relations practitioners in their own right, as well as select work product (e.g. press releases) and internal documents are analyzed through the circuit of culture (Du Gay, et al., 2013). A theory stemming from Cultural Studies, the circuit of culture framework affords sharper understandings of power relations and processes of making meaning—of which public relations is a part. The case study data reveal at least six findings related to four themes concerning governance, professional and amateur practices, social media usage, and diversity of representation. -
United States Court of Appeals for the Ninth Circuit
Case: 12-30353 02/03/2014 ID: 8962205 DktEntry: 21-1 Page: 1 of 9 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-30353 Plaintiff-Appellee, D.C. No. v. 2:08-cr-06033- WFN-1 KENNETH MAYNARD WILLIAMS, Defendant-Appellant. OPINION Appeal from the United States District Court for the Eastern District of Washington Wm. Fremming Nielsen, Senior District Judge, Presiding Argued and Submitted August 27, 2013—Seattle, Washington Filed February 3, 2014 Before: M. Margaret McKeown and Richard R. Clifton, Circuit Judges, and Jed S. Rakoff, Senior District Judge.* Opinion by Judge Rakoff * The Honorable Jed S. Rakoff, Senior District Judge for the U.S. District Court for the Southern District of New York, sitting by designation. Case: 12-30353 02/03/2014 ID: 8962205 DktEntry: 21-1 Page: 2 of 9 2 UNITED STATES V. WILLIAMS SUMMARY** Criminal Law Reversing and vacating the district court’s order revoking supervised release, and remanding for further proceedings, the panel held that a defendant’s Alford plea to a state charge is insufficient to prove commission of a state crime for purposes of a federal supervised release violation when the state itself does not treat it as sufficiently probative of the fact that the defendant actually committed the acts constituting the crime or crimes of conviction. COUNSEL Alison K. Guernsey (argued), Assistant Federal Defender of Eastern Washington & Idaho, Yakima, Washington, for Defendant-Appellant. Alexander C. Ekstrom (argued), Assistant United States Attorney, United States Attorneys’ Office, Eastern District of Washington, Yakima, Washington, for Plaintiff-Appellee. -
The Case Against Alford Pleas
University of Denver Criminal Law Review Volume 2 Issue 1 Article 6 January 2012 Sacrificing undamentalF Principles of Justice for Efficiency: The Case against Alford Pleas Brandi L. Joffrion Follow this and additional works at: https://digitalcommons.du.edu/crimlawrev Part of the Criminal Law Commons Recommended Citation Brandi L. Joffrion, Sacrificing undamentalF Principles of Justice for Efficiency: The Case against Alford Pleas, 2 U. Denv. Crim. L. Rev. 39 (2012) This Article is brought to you for free and open access by the University of Denver Sturm College of Law at Digital Commons @ DU. It has been accepted for inclusion in University of Denver Criminal Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],dig- [email protected]. Joffrion: Sacrificing Fundamental Principles of Justice for Efficiency: The UNIVERSITY OF DENVER CRIMINAL LAw PCEVIEW SPRING 2012 UNIVERSITY OF DENVER CRIMINAL LAW REVIEW SPRING 2012 SACRIFICING FUNDAMENTAL PRINCIPLES OF JUSTICE FOR EFFICIENCY: THE CASE AGAINST ALFORD PLEAS Brandi L. Joffrion* I. INTRODUCTION Of all federal convictions sentenced under the U.S. Sentencing Reform Act in 2010, 96.8% were obtained through a guilty plea.1 According to the most recent data, 95% of state convictions obtained in the nation's 75 largest counties were also obtained through a guilty plea.2 Despite its controversial nature, 3 it was plea bargaining 4 that led to the majority of these aforementioned guilty pleas.5 Out of all the pleas currently available to criminal defendants, the A/ford plea is perhaps the most controversial. -
Drafted Its Post-Apartheid Constitution, the United
Unequal Liberty and a Right to Education Helen Hershkoff & Nathan Yaffe1 This article lays the groundwork for a liberty-based right to quality public schooling. We start from the premise that Black, Brown, and poor children now and historically have never enjoyed equal liberty in the United States, and that, for these children, the public school, like the prison, functions as a site of social control that relies upon confinement and force while failing to fulfill their pedagogic purpose. In urging a liberty-based argument, we rest on the foundational principle that the state cannot deprive a person of liberty without a legitimate justification. Notwithstanding this foundational principle, thousands of children in the United States are confined in public schools that do not meaningfully educate and instead function as unsafe and harmful warehouses for the children detained within them. Having first unequally apportioned educational opportunity, the state then compels certain children to attend carceral schools on pain of civil or criminal penalties. The confinement experienced by Black, Brown and poor students within resource-starved, carceral public schools serves to maintain and reproduce race- class subjugation within a system of racial capitalism. We argue that, examined within the frame of abolition constitutionalism, the traditional guarantee of equal liberty is violated if the content and conditions of public schooling relegate one group of children, because of race and/or class, to sub-standard and unsafe schools, subjecting them to persistent structural disadvantage. In our view, such a system unconstitutionally perpetuates the very kind of racial and class caste that the Fourteenth Amendment aimed to abolish. -
Higher Education Management and Policy 45 23 -:HRLGSC=XYZUUU: 89 2005 01 1 P (3 ISSUES)
Journal of the Programme on Institutional Management « Volume 17, No. 1 Higher Education Management and Policy Volume Journal of the Programme in Higher Education on Institutional Management Higher Education Management and Policy in Higher Education Volume 17, No. 1 CONTENTS Choice and Responsibility: Innovation in a New Context Michael Gibbons 9 Higher Education Institutional Management and Engagement with the Knowledge Society Management and Policy John Goddard 23 Constructing Advantage in the Knowledge Society – Roles of Universities Reconsidered: The Case of Japan Fumi Kitagawa 45 Changing Research Practices and Research Infrastructure Development John W. Houghton 63 Innovation in the Netherlands: Toward Guidelines for Knowledge Transfer Esther I. Stiekema 83 The Shift of the University Paradigm and Reform of the Korean University System Hyun-Chong Lee 93 Civic Mission and Social Responsibility: New Challenges for the Practice of Public Relations in Higher Education Helena Kantanen 107 Subscribers to this printed periodical are entitled to free online access. If you do not yet have online access via your institution's network contact your librarian or, if you subscribe personally, send an email to [email protected] www.oecd.org ISSN 1682-3451 2005 SUBSCRIPTION IMHE (3 ISSUES) 89 2005 01 1 P -:HRLGSC=XYZUUU: Volume 17, No. 1 Volume 17, No. 1 JOURNAL OF THE PROGRAMME ON INSTITUTIONAL MANAGEMENT IN HIGHER EDUCATION Higher Education Management and Policy Volume 17, No. 1 ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT The OECD is a unique forum where the governments of 30 democracies work together to address the economic, social and environmental challenges of globalisation. -
The Fifth Amendment and the Guilty Plea: an Incompatible Association, 30 Hastings L.J
Hastings Law Journal Volume 30 | Issue 3 Article 3 1-1979 The iF fth Amendment and the Guilty Plea: An Incompatible Association Vivian Deborah Wilson Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Vivian Deborah Wilson, The Fifth Amendment and the Guilty Plea: An Incompatible Association, 30 Hastings L.J. 545 (1979). Available at: https://repository.uchastings.edu/hastings_law_journal/vol30/iss3/3 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. The Fifth Amendment and the Guilty Plea: An Incompatible Association By VIvIAN DEBORAH WILSON* Introduction In the year 1590, John Udall, a Puritan minister who preached against Her Majesty's church and wrote bitter, anticlerical lampoons, was on trial for libeling Queen Elizabeth I. The penalty was the gal- lows. He stood in the dock at Croyden Assize, badgered by the Prose- cutor and the Judge. Accused the Judge: What say you? Did you make the Book, Udall, yea or no! What say you to it, will you be sworn? Will you take your oath that you made it or not? We will offer you that favour which never any in- dicted of Felony had before; take your oath, and swear you did it not, and it shall suffice. Udall refused to confess. I will go further with you; [said the Judge.] Will you but say upon your honesty that you made it not, and you shall see what shall be said unto you? Ultimately defeated, the Judge addressed the Jury: You of the Jury consider this.