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Articles 1 - 2 of 2
Full-Text Articles in Law
Preliminary-Hearing Waivers And The Contract To Negotiate, Michael D. Cicchini
Preliminary-Hearing Waivers And The Contract To Negotiate, Michael D. Cicchini
Pepperdine Law Review
Plea bargaining often begins very early in a criminal case—sometimes before the preliminary hearing, or “prelim,” is held. Be-cause of the time, effort, and risk involved in holding a prelim, the prosecutor may make the defendant a prelim waiver offer. That is, if the defendant agrees to waive the prelim, the prosecutor will hold a particular plea offer open for the defendant’s future consideration. Such prelim waiver offers may be skeletal, at best, but will often include the promise of “future negotiations” to fill in the details. When the prosecutor obtains the defendant’s prelim waiver for the promise of future …
Proceeding Pro Se: Misguided Limitations On The Prison Mailbox Rule In Cretacci V. Call, Eleanor Ritter
Proceeding Pro Se: Misguided Limitations On The Prison Mailbox Rule In Cretacci V. Call, Eleanor Ritter
Pepperdine Law Review
Under the “prison mailbox rule,” an inmate’s notice of appeal in either a criminal or civil case is considered filed at the moment the notice is given to prison authorities to be mailed. But the prison mailbox rule originated as a common law rule––having developed in Fallen v. United States and Houston v. Lack––and was not codified in the Federal Rules of Appellate Procedure until 1993. In light of its complex origins, circuit courts have split over to whom and to which types of filings the rule should apply. More specifically, courts have disagreed over whether the prison mailbox rule …