TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Domestic Violence/Firearm poss.
Go
New
Find
Notify
Tools
Reply
  
Domestic Violence/Firearm poss. Login/Join 
Member
posted
Just got a motion for new trial on a class c family violence charge. defendant is contending his plea was not given knowingly because the judge did not admonish him that by entering a plea he would thereafter be unable to possess a firearm under federal law. (citing U.S. v Bethurum, 213 fsup 2d 679 ND Tex)
Anyone else come across this? Helpful caselaw? thanks.
 
Posts: 4 | Registered: March 21, 2002Reply With QuoteReport This Post
Member
posted Hide Post
Check out United States v. Banda, 1 F.3d 354 (5th Cir. 1993). As pointed out in The Perfect Plea, page 96, there are many indirect consequences to a guilty plea, but neither federal constitutional nor Texas law requires a judge to admonish a defendant regarding these matters.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
Administrator
Member
posted Hide Post
John, if you're going to plug the book, at least add "available now on the TDCAA website for the low, low price of $40.00."
 
Posts: 2430 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
Member
posted Hide Post
Why thank you, Shannon. But, heavens, The Perfect Plea (a summary of the law of pleading guilty) is no where near as good a bargain as the spectacular Legislative Update that bears your name. For the unbelievable price of $5, you can get a summary of nearly every new piece of legislation that could change the life of a prosecutor. Pithy prose. Outstanding bulletted information. What more could you want?

Well, I'll tell you want you could want. And that's a personal audience with His Shannonness at one of the magnificent Regional Seminars. The only thing better than the written word is the snarky yet substantive words of the author himself. It's not too late, yet, is it Shannon?

Note to jo:

Would it kill you people to put some identifying information in your registration? We like to pretend we are all one big happy family. It is easier if you put some actual description of your role in the criminal justice system in your registration.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Domestic Violence/Firearm poss.

© TDCAA, 2001. All Rights Reserved.