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Category: Procedure

Waivers in Plea Agreements

When a defendant pleads guilty, he waives a variety of rights, including the right to a trial, the right to confront the witnesses against him, and so on. The waiver […]

Extending Probation

How long can a defendant be on probation for a single conviction? A.      Five years. B.      Eight years. C.      It depends. The best answer is C. A judge can sentence […]

A Useful Law Review Article

Like many lawyers, I served on a law review when I was a law student. It was a good experience: I became intimately familiar with the rules of legal citation, […]

Judicial Recusal

My colleague Michael Crowell recently published a paper on judicial recusal, available here as a free download. It includes a discussion of the Supreme Court’s recent decision in Caperton v. […]

Inconsistent Verdicts

Further Update: See Shea Denning’s post here about State v. Mumford, in which the court of appeals held that “logically inconsistent and legally contradictory” verdicts cannot stand. It has the […]