BorderLayoutBoxedLayoutOpenLayout Maximum textMedium textSmall text


Saturday, March 20, 2010

 

Waiver

Last Updated Thursday, October 30, 2008 2:35:45 PM

Whether the right to appeal a sentence can be waived knowingly, when the purported waiver occurs before the right to appeal has accrued. (Octavio Lozoya, March 2, 2004)

Whether an appeal waiver provision should be enforced when an error occurs that was not contemplated by the plea agreement. (Octavio Lozoya, March 2, 2004)

Whether Lopez’s waiver of the right to appeal was knowing and voluntary. (Daniel Lopez-Chaparro, June 12, 2002)*

Whether Moore’s appeal waiver was knowing and informed. (James Jackson Moore, Jr., January 15, 2002)*

Whether Robinson knowingly and voluntarily waived his right to appeal his sentence, when the district court never discussed the written plea agreement or its appeal-waiver provision during the plea colloquy. (Sedrick Robinson, December 22, 1998)

If the appeal-waiver provision in the plea agreement is valid, whether Robinson’s guilty plea must be vacated. (Sedrick Robinson, December 22, 1998)

Whether Torres retains the right to appeal a sentence above the statutory maximum despite the waiver in his plea agreement. (Jesus Torres-Servin, September 24, 1997)*

Whether the appeal-waiver provision in the plea agreement may be enforced when the condition upon which it was predicated was not fulfilled. (Manuel Prajedes Arellano, May 16, 1994)*

Whether the appeal-waiver provision in Smith’s plea agreement should be enforced, when the district court did not inform Smith of the inclusion of the waiver provision or of its consequences in his case. (John Roger Smith, March 18, 1994)*

Request Brief

To request a brief, please call 210-472-6700.


Copyright 2008 Office of the Federal Public Defender - Western District of Texas       Website by intrabest.com