Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Criminal Law
Waive Goodbye To Appellate Review Of Plea Bargaining: Specific Performance Of Appellate Waiver Provisions Should Be Limited To Extraordinary Circumstances, Holly P. Pratesi
Waive Goodbye To Appellate Review Of Plea Bargaining: Specific Performance Of Appellate Waiver Provisions Should Be Limited To Extraordinary Circumstances, Holly P. Pratesi
Brooklyn Law Review
In the federal criminal justice system, plea bargaining remains the predominant method for disposing of cases. An important provision in most plea agreements consists of the waiver of the defendant’s right to appeal the conviction or sentence. This note explores the constitutional, contractual, and policy implications of a recent Third Circuit decision that would allow specific performance as a remedy where a defendant’s only breach of the plea agreement consists of filing an appeal arguably precluded by an appellate waiver provision. This note argues that the approach taken by the Third Circuit in United States v. Erwin could effectively preclude …
Apostle Of Fundamental Fairness: New York Court Of Appeals Judge Stewart F. Hancock, Jr.'S State Constitutional Decision-Making, Thompson Gould Page
Apostle Of Fundamental Fairness: New York Court Of Appeals Judge Stewart F. Hancock, Jr.'S State Constitutional Decision-Making, Thompson Gould Page
Touro Law Review
No abstract provided.