Holder Orders U.S.
By Derek Gilna
In another
major blow for criminal defendants’ rights, United States Attorney General Eric
Holder followed up his recent announcement restricting the usage of 851’s to
coerce plea bargains with an announcement directing, not suggesting, that all
U.S. Attorneys refrain from asking for appeal and habeas waivers in plea
agreements. Additionally, they are
ordered to refrain from enforcing said waivers in the case of those already executed
and incorporated in judgment orders. The playing field is getting even more
level.
Holder has
finally adopted (without using the words) the position that appeal waivers are
just an extension of prosecutor overreach, and although they were not illegal
nor an example of misconduct in the past, clearly constitute an abuse of a
defendant’s constitutional guarantees.
It is bad enough for the accused to have to endure the unknown risk of
“relevant conduct” in the sentencing process, let alone give away the right to
attack mistakes by the sentencing court or your own defense attorney, without
getting anything in return.
I am also
starting see more publicity given to prosecutor misconduct, and will deal with
that in a future posting, but suffice it to say now that there are beginning
to be some decisions where there was clear misconduct where cases have been
remanded for hearing. Unfortunately, the
fact remains that most prosecutor misconduct goes undiscovered and generally
unpunished, but there is clearly a change in the public’s perception of the
previously accepted concept that “government knows best.” Trust in the competency of all government
institutions, other than the military, is at an all time low.
It would
also not surprise me to see some movement in sentence relief legislation after
the election, regardless of which political party prevails, because it has
become a non-partisan issue, and once again, public opinion supports sentence
relief. Long sentences make no sense and
cost taxpayers a lot of money, ruin families, and are only good for private
prison operators like CCA and REO.
Keep in touch, and let me know if
there is anything I can do for YOU.
dgilna1948@yahoo.com
