Class v. United States
| Docket Number | 16-424 |
| Decision Date | 21 February 2018 |
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391 cases
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Rudolph v. United States
...because the statute upon which they were convicted now was facially unconstitutional. See Class v. United States , ––– U.S. ––––, 138 S. Ct. 798, 805, 200 L.Ed.2d 37 (2018) (holding that a "valid guilty plea does not, by itself , bar direct appeal of ... constitutional claims") (emphasis an......
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United States v. Türkiye Halk Bankasi A.S.
...offense ..." United States v. Yousef, 750 F.3d 254, 262 (2d Cir. 2014), abrogated on other grounds by Class v. United States, ––– U.S. ––––, 138 S. Ct. 798, 200 L.Ed.2d 37 (2018).6 "[D]ue process of law is satisfied when one present in court is convicted of crime after having been fairly ap......
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United States v. Scurry
...Mabry v. Johnson , 467 U.S. 504, 508, 104 S.Ct. 2543, 81 L.Ed.2d 437 (1984) ); see also, e.g. , Class v. United States , ––– U.S. ––––, 138 S. Ct. 798, 805, 200 L.Ed.2d 37 (2018) ; Lefkowitz v. Newsome , 420 U.S. 283, 288, 95 S.Ct. 886, 43 L.Ed.2d 196 (1975) ; Tollett v. Henderson , 411 U.S......
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United States v. Milliron
...United States v. Mezzanatto , 513 U.S. 196, 201, 115 S.Ct. 797, 130 L.Ed.2d 697 (1995) ; see also Class v. United States , ––– U.S. ––––, 138 S. Ct. 798, 804–05, 200 L.Ed.2d 37 (2018). A waiver provision is binding and forecloses appellate review if (1) the defendant's claim falls within th......
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2 firm's commentaries
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Circuit Affirms Convictions Arising Out of Scheme to Manipulate Local Elections
...jurisdictional question whether Smiley’s appeal was barred by his guilty plea, or whether it was permitted under Class v. United States, 138 S. Ct. 798 (2018), finding no merit to his arguments in any event. In general, a guilty plea waives all non-jurisdictional defects in the case, absent......
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Second Circuit Affirms Conviction for Drug Trafficking in Violation of MDLEA
...The Court found that Van Der End had not waived this challenge by pleading guilty, citing a recent Supreme Court decision, Class v United States, 138 S. Ct. 798 (2018), holding that a guilty plea does not by itself bar a criminal defendant from challenging the constitutionality of the statu......
7 books & journal articles
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Making the Fourth Amendment 'Real' in Grand Jury Proceedings
...the plea is entered[,]” such as “the admissibility of evidence obtained in violation of the Fourth Amendment.” Class v. United States, 138 S. Ct. 798, 805 (2018); Haring v. Prosise, 462 U.S. 306, 320 (1983). 152. See Renee McDonald Hutchins, Policing the Prosecutor: Race, the Fourth Amendme......
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An Avoidance Canon for Erie: Using Federalism to Resolve Shady Groves Conflicts Analysis Problem.
...Federal Rules of Civil Procedure's] meaning the construction given to them by the Committee is of weight"); see also Class v. United States, 138 S. Ct. 798, 806 (2018) (using Advisory Committee Notes to interpret the Federal Rules of Criminal Procedure); United States v. Vonn, 535 U.S. 55, ......
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4.6 Entering a Guilty Plea
...defects that occurred before the plea." Williams v. Commonwealth, 33 Va. App. 725, 536 S.E.2d 916 (2000).[210] Class v. United States, 138 S. Ct. 798, 803 (2018).[211] Savino v. Commonwealth, 239 Va. 534, 538-39, 391 S.E.2d 276, 278-79 (1990); Beaver v. Commonwealth, 232 Va. 521, 526-27, 35......
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3.5 Pretrial Motions
...Va. R. 3A:9(b)(4).[70] Id.[71] Va. R. 3A:9(b)(5).[72] McMann v. Richardson, 397 U.S. 759, 765 (1970). But see Class v. United States, 138 S. Ct. 798 (2018) (a guilty plea does not waive claims that the government lacked the power to constitutionally prosecute the case).[73] Va. Code § 19.2-......
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