U.S. Supreme Court,
Criminal,
Constitutional Law
Feb. 26, 2018
Ruling will change plea agreement practices
Last week, the U.S. Supreme Court held that a guilty plea does not inherently waive a criminal defendant’s right to subsequently challenge the constitutionality of the statute of conviction on direct appeal.
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
Last week, the U.S. Supreme Court decided Class v. United States by a 6-3 decision. 2018 DJDAR 1580 (Feb. 21, 2018). Justice Stephen Breyer delivered the majority opinion, which holds that a guilty plea does not inherently waive a criminal defendant's right to subsequently challenge the constitutionality of the statute of conviction on direct appeal. Justice Samuel Alito authored the dissenting opi...
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