OTIS RICH v. STATE OF MARYLAND
Court of Special Appeals, Nazarian, Aug. 30, 2016,
Coram Nobis – Passage of 16 years, without actual evidence or proffer demonstrating prejudice, is insufficient to presume laches
Rich v. State
Reply
Tag Archives: Guilty Plea
US v. Warner
UNITED STATES OF AMERICA v. XAYVER JERVONTE-MARQUI WARNER
US Court of Appeals for the Fourth Circuit, Niemeyer, Apr. 27, 2016,
Plea Agreement – Where a prosecutor agreed to a plea advising the court that an enhancement did not apply, violation of agreement where the prosecutor subsequently changed position and advised sentencing court that the enhancement did apply even where it asked the court to go along with the original plea anyway (where the court ended up applying the enhancement).
US v Richard Adams
UNITED STATES OF AMERICA v. RICHARD LEE ADAMS
United States Court of Appeals for the 4th Circuit, Floyd, Filed Feb. 19, 2016,
Plea Agreement – A proper showing of “actual innocence” is sufficient to satisfy the “miscarriage of justice” prong that will overcome waiver of right to appeal
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Yonga v. State
SAM YONGA v. STATE OF MARYLAND
Court of Appeals, Battaglia, Filed Jan. 27, 2016,
Writ of Actual Innocence – a person who has pled guilty is not eligible for a Writ of Actual Innocence.