In some murder trials, the only serious question for the jury is not whether the defendant is guilty of murder, but rather which degree of murder he’s guilty of—first-degree murder, the premeditated sort, or second-degree murder, which happens without any ...

Tagged with: Plea Agreement

State v. Dail (Lawyers Weekly No. 011-295-17, 14 pp.) (Ann Marie Calabria, J.) (Wanda Bryant, J., concurring) Appealed from Guilford County Superior Court (Patrice Hinnant, J.) N.C. App. Holding: Even though defendant entered into a plea agreement that resulted in ...

Tagged with: Plea Agreement

U.S. v. Warner (Lawyers Weekly No. 001-081-16, 14 pp.) (Niemeyer, J.) No. 15-4316, April 27, 2016; USDC at Charlotte, N.C. (Conrad, J.) 4th Cir. Holding: Although the government recommended the district court not apply a four-level sentencing enhancement in compliance ...

Tagged with: Plea Agreement

An Army general who admitted to improper relationships with three subordinates appeared to choke up Monday as he told a judge that he'd failed the female captain who had leveled the most serious accusations against him.

Tagged with: Jeffrey Sinclair Plea Agreement

State v. Reynolds Even though, when the trial judge informed defendant of the maximum sentence he could receive if he pled guilty, the judge was only off by three months, we cannot say that an additional three months of possible imprisonment is not prejudicial. Further, we are reluctant to establish precedent for a trial court’s providing incorrect information to a defendant prior to accepting a guilty plea.

Tagged with: Criminal Practice Plea Agreement

State v. Rico Where the sentencing judge failed to make any findings as to aggravating factors and failed to exercise his discretion in determining whether an aggravated sentence - as called for in defendant’s plea agreement - was appropriate, defendant’s original sentence was invalid as a matter of law.

Tagged with: Criminal Practice Plea Agreement sentencing Unenforceable Voluntary Manslaughter

U.S. v. Brown A defendant whose Rule 11 plea agreement said his sentence for a crack cocaine offense would be between 180 and 240 months, cannot have his sentence reduced from 210 months to 180 months under the 2007 retroactive crack cocaine amendments; the 4th Circuit reverses the district court because defendant’s sentence was not “based on” a sentencing range that later was lowered; rather, it was based on his Rule 11 plea agreement.

Tagged with: crack cocaine Criminal Practice Plea Agreement sentencing