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Ninth Circuit rocks while reviewing conditional plea efforts

By Douglas A. Berman

A decision by the Ninth Circuit today in In re: Gallaher, No. 07-74593 (9th Cir. Nov. 13, 2008) (available here) is blogworthy in part because it reviews some intricate procedural issues.  But the ruling's openning paragraph also provides a good excuse for linking to this great clip of a great classic song as part of the great soundtrack of a great classic movie.  Here is that paragraph: In the classic words of the Rolling Stones, ?You can?t always get what you want.? The Rolling Stones, You Can?t Always Get What You Want, on Let It Bleed (Decca Records 1969).  A defendant who chooses to take a conditional plea cannot always assume the court will grant its consent.  And, a district court that wants to review a defendant?s Presentence Report (PSR) cannot do so until the defendant has granted his consent or entered a plea...continue to full post

Full post as published by Sentencing Law and Policy on November 13, 2008 (boomark / email).