tag:blogger.com,1999:blog-9615048.post1785739236663486938..comments2024-03-28T22:42:40.503-04:00Comments on Southern District of Florida Blog: Initial Florida Bar vote finds 2255 waivers unethicalDavid Oscar Markushttp://www.blogger.com/profile/18386723948607633980noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-9615048.post-38196491573717210292011-09-28T10:03:13.292-04:002011-09-28T10:03:13.292-04:00Isn't it interesting that this post appears ri...Isn't it interesting that this post appears right above the post about dwindling trials due to the very many risks involved in challenging the government's case at trial: additional charges lodged if a pre-trial motion is filed (I think you DOM might be familiar with that) and recommendations for high-end or above guideline range in the event of a conviction. I can't remember how long ago Judge Roetgger died but it was a while ago and this matter has been revisited with every new administration: why is the Florida Bar suddenly so concerned? Where were they when the guidelines were deemed mandatory - or even - before Safety Valve? Just saying.....Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-42325895725116271902011-09-27T13:00:05.877-04:002011-09-27T13:00:05.877-04:00I think appellate/2255 waivers put criminal defens...I think appellate/2255 waivers put criminal defense lawyers in a very difficult position of conflict of interest, especially waiving issues on their own effectiveness. I dislike such waivers, and enter into them when I only believe the alternative will assuredly be worse for the client. In the past, there were prosecutors who would agree to more narrowly tailor appellate waivers. For instance, the waiver would be for all issues in a sentencing except if the Judge failed to follow the recommendations of the parties regarding Guidelines levels, or enhancements, etc.. In that instance, the defendant could appeal the sentence. Now, most appellate waivers force the defendant to waive all issues except for sentences above the statutory maximum, which, in my experience, never happens.Bob Becerranoreply@blogger.com