In its second opinion onthe issue in two weeks, the U.S. Court of Appeals for the Second Circuithas limited the effect of a U.S. Supreme Court opinion allowing federaltrial judges to rely on the “harmless error” doctrine to avoid overturningsentencing decisions because of a failure to notify the accused of appealrights.
The three-judge panel saidthat the defendant’s independent knowledge of the right to appeal a prisonsentence � knowledge that arose from previous experience as a defendantin a federal criminal trial, � did not make the failure to notify him harmlessin a case where the sentence followed a guilty plea.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]