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California Appeals Attorney Greg May on Practice and Developments in the State's Appellate Courts — SEE IMPORTANT NOTE IN SIDEBAR RE: HACKED BLOG POSTS

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  • Greg May’s Practice
    • About the Blog
  • Have an appeal in California?
  • Why hire an appellate specialist?
  • Appellate FAQs
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IMPORTANT NOTICE RE: HACKED BLOG POSTS

I have discovered several hacked posts on my blog, and there are doubtless many more. I am in the process of reviewing posts and taking out material inserted by the hacker(s).

In the meantime, posts should be read with caution. If you see odd links to other law firms, products, or services, or any other indication that you are reading a hacked post, I would appreciate it very much if you would send me the link to the suspected hacked post. You can email links to me at gregATgregmaylaw.com.

Disclaimer

All content on this blog is provided solely for purposes of information and commentary. Posts are not updated to reflect later changes in the law, and may be outdated. No content on this blog constitutes legal advice, and content should neither be construed as or relied upon as such. Content on this blog does not substitute for consultation with an attorney. For legal advice, consult an attorney. Links to external content do not constitute endorsements of the publishers or content.

  • Appellate Jurisdiction,  Appellate Procedure,  California Procedure,  Criminal Procedure

    Challenge to Post-Plea Sentencing Procedure does not Require Certificate of Probable Cause

    January 9, 2008

    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…

    Read More
    Greg May
  • Appellate Jurisdiction,  Appellate Procedure,  Federal Procedure,  Sentencing

    Is a Sentence within the Range Stipulated in a Plea Agreement Appealable?

    November 26, 2007

    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…

    Read More
    Greg May
  • Constitutional Law,  Federal Procedure,  Sentencing

    No Cert for Sentencing Cases

    October 12, 2007

    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.

    Read More
    Greg May

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The Law Office of Greg May handles appeals and writs throughout California and federal appeals to the United States Court of Appeals for the Ninth Circuit. Greg May is certified as a specialist in Appellate Law by The State Bar of California Board of Legal Specialization.

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