Sunday, August 20, 2023

Plea Bargains, Prosecutorial Breach, and the Curious Right to Cure, 89 Brooklyn L. Rev. __ (2024)

Check out my new article on prosecutorial breaches of plea bargains and the rather curious "right to cure."  The article exposes this doctrine as another pro-prosecutor tool of the courts, and provides ways for defense counsel to respond to prosecutorial breaches of the sentence concession component of plea bargains.  It will be published next year in the Brooklyn Law Review, but you can find a pre-publication draft of the article here.  All of my articles, organized by topic, are available here.  Finally, you can find the new article's abstract after the jump.

Preliminary-Hearing Waivers and the Contract to Negotiate, 2023 Pepperdine L. Rev. __ (2023)

Check out my new article on preliminary-hearing waivers and how they create the prosecutorial obligations to respond to defense lawyers' plea offers and to use good faith in plea negotiations—something defense lawyers either aren't aware of or typically forget about.  It will be published later this year in the Pepperdine Law Review, but you can find a pre-publication draft of the article here.  All of my articles, organized by topic, are available here.  Finally, you can find the new article's abstract after the jump.