The Case Against Alford Pleas
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
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may issue an order making substantive changes to a slip opinion or publishing for precedential purposes a previously “unpublished” opinion.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 -
Case 2:09-Cv-04870-MMB Document 49 Filed 07/20/11 Page 1 of 21
Case 2:09-cv-04870-MMB Document 49 Filed 07/20/11 Page 1 of 21 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JULIA QUAGLIARELLO : CIVIL ACTION : v. : : NO. 09-4870 OFFICER JOSHUA DEWEES, et al. : MEMORANDUM RE: MOTIONS IN LIMINE Baylson, J. July 20, 2011 I. Introduction Currently pending before the Court in this action pursuant to 42 U.S.C. § 1983 and state law are the parties’ cross-motions in limine to exclude certain evidence at trial. Defendants filed the following three motions: 1) a Motion in Limine to Preclude Opinion Testimony of Walter Signorelli, Plaintiff’s Police Expert; 2) a Motion in Limine to Preclude Evidence of Pre-Incident Lawsuits and Settlements; and 3) a Motion in Limine to Preclude Plaintiff from Offering Evidence at Trial of Citizen Complaints filed Against Police Officer Dewees and Prior Disciplinary Records. Plaintiff filed a Motion to Preclude Introduction of Plaintiff’s Plea of Guilty in State Criminal Proceedings and to Preclude Testimony from Defendants’ Witnesses Anna Marie Murphy, Esquire, Anthony Amoroso, Esquire, Jay Mettera, Esquire, Sam Yim, Esquire and Donna Gorbey on June 1, 2011. The Court has reviewed the parties’ motions and responses in opposition, and held oral argument on pending motions on May 24, 2011. Defendants’ Motion in Limine to Preclude Opinion Testimony of Walter Signorelli (ECF No. 25) will be granted in part and denied in part. -1- Case 2:09-cv-04870-MMB Document 49 Filed 07/20/11 Page 2 of 21 The Court will reserve decision on Defendants’ Motions in Limine to Preclude Evidence of Pre- Incident Lawsuits and Settlements (ECF No. -
STATE V. KALLBERG--DISSENT
****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecti- cut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Con- necticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be repro- duced and distributed without the express written per- mission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** STATE v. KALLBERGÐDISSENT ESPINOSA, J., dissenting. The majority concludes that the disposition agreement between the defendant, Craig Kallberg, and the state, as reflected in the tran- script of the September 22, 2011 disposition hearing, was ambiguous as to whether the defendant's charitable contribution of $271 was intended to be in exchange for the nolle prosequi of the charges that the state has reinstituted in the present case. -
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: -
A Guide to Mental Illness and the Criminal Justice System
A GUIDE TO MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM A SYSTEMS GUIDE FOR FAMILIES AND CONSUMERS National Alliance on Mental Illness Department of Policy and Legal Affairs 2107 Wilson Blvd., Suite 300 Arlington, VA 22201 Helpline: 800-950-NAMI NAMI – Guide to Mental Illness and the Criminal Justice System FOREWORD Tragically, jails and prisons are emerging as the "psychiatric hospitals" of the 1990s. A sample of 1400 NAMI families surveyed in 1991 revealed that 40 percent of family members with severe mental illness had been arrested one or more times. Other national studies reveal that approximately 8 percent of all jail and prison inmates suffer from severe mental illnesses such as schizophrenia or bipolar disorders. These statistics are a direct reflection of the failure of public mental health systems to provide appropriate care and treatment to individuals with severe mental illnesses. These horrifying statistics point directly to the need of NAMI families and consumers to develop greater familiarity with the workings of their local criminal justice systems. Key personnel in these systems, such as police officers, prosecutors, public defenders and jail employees may have limited knowledge about severe mental illness and the needs of those who suffer from these illnesses. Moreover, the procedures, terminology and practices which characterize the criminal justice system are likely to be bewildering for consumers and family members alike. This guide is intended to serve as an aid for those people thrust into interaction with local criminal justice systems. Since criminal procedures are complicated and often differ from state to state, readers are urged to consult the laws and procedures of their states and localities. -
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. -
Cause No. Misdemeanor Plea of Guilty/Nolo Contendere
CAUSE NO. THE STATE OF TEXAS ' IN THE COUNTY COURT ' VS. ' AT LAW NO. 3 OF ' ' CAMERON COUNTY, TEXAS (Defendant=s Name) MISDEMEANOR PLEA OF GUILTY/NOLO CONTENDERE Comes now the above named defendant in the above numbered and entitled cause, and prior to entering a plea herein represents to the Court the following: I am mentally competent and I understand that I am charged with the misdemeanor offense of for which the punishment is a fine not to exceed $ and/or confinement in jail not to exceed . I understand that I have the right to a jury trial; the right to compel witnesses to testify on my behalf; the right to confront and cross-examine my accusers; the right to be arraigned and have the charge read to me in open court; the right to remain silent and that anything I say can be used against me; and the right to have ten days after the appointment of any attorney before entering a plea. I understand that upon a plea of guilty or nolo contendere, with a jury waiver, punishment may be assessed by the Court either upon or without evidence at the discretion of the Court; that if I am not a citizen of the United States my plea of guilty or nolo contendere may result in my deportation, exclusion from admission to this country, or denial of naturalization under federal law; that if I am on probation or parole, my plea of guilty or nolo contendere may result in the revocation of my probation or parole resulting in my further confinement; that if I am found guilty, this case may be used to enhance my punishment; if I am convicted of another offense that my driver=s license or privilege to obtain a driver=s license may be subject to suspension or revocation as provided by law, and that if the Court does not exceed the agreed recommendation in assessing punishment, that my right to appeal my conviction will be limited to matters raised by written motion and ruled upon before trial unless the Court gives permission to raise other matters. -
Use-Of-Force, De-Escalation Tactics and Discipline
The City of New York Department of Investigation MARK G. PETERS COMMISSIONER Inspector General Philip K. Eure Office of Inspector General for the NYPD 80 MAIDEN LANE Release #05-2015 NEW YORK, NY 10038 nyc.gov/oignypd 212-806-5200 FOR IMMEDIATE RELEASE CONTACT: DIANE STRUZZI THURSDAY, OCTOBER 1, 2015 (212) 825-5931 DOI’S OFFICE OF THE INSPECTOR GENERAL FOR THE NYPD ISSUES REPORT ON POLICE USE OF FORCE FINDING FAILURE TO PROPERLY INSTRUCT ON DE-ESCALATION TACTICS AND IMPOSE DISCIPLINE Today, the Department of Investigation’s (DOI) Office of the Inspector General for the NYPD (OIG- NYPD) issued its first comprehensive Report on Use of Force by members of the New York City Police Department (NYPD). OIG-NYPD’s investigation revealed: a lack of discipline imposed on officers involved in substantiated force allegations — even when the Department was provided with evidence that excessive force was used; an inability to track use-of-force encounters by officers; and a failure to properly instruct and employ de-escalation tactics, among other findings. The Report examines five important aspects of NYPD use of force: (1) trends; (2) reporting; (3) de-escalation; (4) training; and (5) discipline. As part of its investigation, OIG-NYPD conducted a detailed analysis of all 179 cases where the Civilian Complaint Review Board (CCRB) determined that from 2010 through 2014 officers used excessive force, as well as the accompanying NYPD disciplinary records for over 100 cases where a final disciplinary disposition was reached. Investigators also assessed NYPD’s Patrol Guide procedures on use of force and observed and evaluated NYPD training at the Police Academy and in-service training modules. -
Nolo Contendere William L
NORTH CAROLINA LAW REVIEW Volume 30 | Number 4 Article 11 6-1-1952 Criminal Law -- Pleas and Defenses -- Nolo Contendere William L. Mills Jr. Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation William L. Mills Jr., Criminal Law -- Pleas and Defenses -- Nolo Contendere, 30 N.C. L. Rev. 407 (1952). Available at: http://scholarship.law.unc.edu/nclr/vol30/iss4/11 This Note is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. 1952] NOTES AND COMMENTS liance is usually placed upon the so-called "right of privacy"'31 or "right 3 2 to be let alone." The conflict is not a new one. Heraclitus of Ephesus wrote, in 500 B.C.: "The major problem of human society is to combine that degree of liberty without which law is tyranny with that degree of law without which liberty becomes license."3 3 The Pollak case demonstrates once more the interpretive pliability of our Constitution in dealing with that problem-whatever the setting. The Bill of Rights "can keep up with anything an advertising man or an electronics engineer can think of."3 4 L. K. FuRGusON, JR. Criminal Law-Pleas and Defenses-Nolo Contendere Answers to a recent inquiry directed to many of the solicitors and judges of North Carolina reveal an astonishing variety of opinions as to the significance of the plea of nolo contendere.