Friday, October 6, 2017

False confessions: Grits for Breakfast explores, 'Why an innocent person would plea bargain" (and the implications) as the Blog focuses on "a good roundup of US Supreme Court cases"... "in which the justices will ponder an unusual legal question: If a defendant pleads guilty to a crime, does he or she lose the right to challenge that crime’s constitutionality?"...


POST: "Why an innocent person would plea bargain," published by Grits for Breakfast on October 3, 2017.

GIST: "The Atlantic has a good roundup of US Supreme Court cases related to criminal justice coming up in the term which just began, and Grits was interested to note Class v. United States,  'in which "the justices will ponder an unusual legal question: If a defendant pleads guilty to a crime, does he or she lose the right to challenge that crime’s constitutionality?"' In an era when 97% or so of criminal cases end in plea bargains, this is a significant question. In Texas the issue of whether challenges to a conviction may arise from a guilty plea arose in Ex Parte Tuley, a case decided in 2002 and which your correspondent hadn't considered in many years. The Tuley case challenged a conviction in which the defendant was in fact actually innocent, but pled guilty to avoid a much harsher sentence in the face of false accusations of sexual abuse by a child victim."

Read on for the entire post  at:

http://gritsforbreakfast.blogspot.ca/2017/10/why-innocent-person-would-plea-bargain.html

Read SCOTUS Blog analysis at the link below: "The pun seems inevitable: In Wednesday morning’s oral argument in Class v. United States, the justices held a short seminar on the implicit effect of criminal guilty pleas. In the end, Rodney Class may win a remand – but unless the Supreme Court writes carefully, the government could inadvertently prevail in a much larger controversy."

 http://www.scotusblog.com/2017/10/argument-analysis-class-guilty-plea-rules/

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog.