Articles Tagged with 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 unless there is a conditional waiver.  The court cites United States v. Bradley, 68 M.J. 279  (C.A.A.F. 2010)

This is an area potentially ripe for IAC in pretrial negotiations and advice.  In this case,