Home -> Law Blog Directory -> Appellate Law Blogs -> Appellate Law and Practice
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Appellate Law
: Appellate Law and PracticeCA1: no plea withdrawal
By S. COTUS
US v. Bates, No. 07-1370 (7/28/08) (unpublished). A defendant really wants to withdraw his plea. He had the opportunity to withdraw it at the District Court. He did not. The First vacillates as to whether this is a waiver or forfeiture issue, but then says that there was no plain error. Regrading an Almendarez-Torres v. United States, 523 U.S. 224 (1998) issue, the First says:
As defendant candidly recognizes, his challenge to consideration of his prior conviction on the ground that it was neither admitted, charged in the indictment, nor proved beyond a reasonable doubt is currently "hopeless.
But, at least they don?t call it unethical.
Full post as published by Appellate Law and Practice on July 30, 2008 (boomark / email).

Defendant Cannot Withdraw Plea "Provisionally" Accepted by District Court
4th Cir. on Withdrawal of Recognition
How much is the life of a foreigner worth
The Necessary Steps for a Responsible Withdrawal from Iraq
A bloggy plea to look closely at pleas









