After being found mentally competent to stand trial, Rodney Oglesby pleaded guilty to committing domestic violence, aggravated assault and — worst of all, or at least co-equal with his other crimes, at least according to PETA — killing a kitten. The competency finding was based, per the stipulation of the parties, on just one of the psychiatric reports. The other psychiatrist opined he was incompetent. Oglesby fought his court-appointed attorney every step of the way. He asked for, and was denied, new counsel, then accepted a plea deal offered by the People, in which his lawyer refused to join. In fact, his lawyer insisted that Oglesby was not competent. He…
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Is a Sentence within the Range Stipulated in a Plea Agreement Appealable?
UPDATE (4/23/08): The holding described in this post was changed by the court’s amended opinion of April 17, 2008). See my coverage. The Ninth Circuit rejects such a challenge in U.S. v. Garcia, case no. 05-30356 (9th Cir. Nov. 19, 2007), at least where the plea agreement was not contingent on the sentencing guidelines and the only error asserted was a miscalculation of the guidelines or failure to properly consider the factors in Title 18 United States Code section 3553. The two defendants challenging their sentences in this case claimed that the trial court erred even though the sentences imposed were within the ranges stipulated in their respective plea agreements…
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No Cert for Sentencing Cases
Federal Public Defender Steve Sady has a thoughtful and detailed post at Ninth Circuit Blog on SCOTUS’s denial of certiorari in three important sentencing cases.