Articles Posted in waiver

United States v. Brown is a good reminder of waiver of motions in pretrial agreements. The typical waiver is that the accused will “waive all waivable motions.”  This seems something of an oxymoron.  The provision is consistent with the idea that all nonjurisdictional motions are waived on a guilty plea…

There has been quite a bit of discussion recently of waiving appellate review as part of a pretrial agreement. Here is a timely article from the ABA about this important topic (thanks to Sentencing Law & Policy for the link). Ellis & Bussert, Stemming the Tide of Postconviction Waivers, 25…