U.S. Supreme Court,
Criminal,
Constitutional Law
Sep. 27, 2017
Guilty pleas and defendant rights
The Supreme Court should take the opportunity in Class v. United States to resolve the question of what rights remain to challenge a conviction following a defendant’s guilty plea.
David W. Fermino
Partner
California Public Utilities Commission
Phone: 415-696-7359
Email: david.fermino@cpuc.ca.gov
Andrew R.J. Muir
Associate
Kasowitz Benson Torres LLP
1 Embarcadero Center Fl 8
San Francisco , CA 94111
Email: amuir@sideman.com
OCTOBER 2017 TERM
For decades, the federal circuit courts have been sharply divided regarding what rights a defendant retains to challenge his or her conviction after entering a guilty plea. This divide is rooted in two U.S. Supreme Court decisions, Blackledge v. Perry, 417 U.S. 21 (1974), and Menna v. New York, 423 U.S. 61 (1975). In Blackledge and $95
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