Brief filed: 01/11/2016
Documents
Doe v. Snyder
6th Circuit Court of Appeals; Case No. 15-2346/2486
Prior Decision
Decision below 101 F.Supp.3d 672 (E.D. Mich. March 31, 2015).
Argument(s)
Imposing additional sanctions on previously-convicted criminal defendants by retroactive application of a new law or new reporting is contrary to due process and injects wide spread uncertainty into the plea bargaining process. Such practice makes it difficult if not impossible for defense counsel to advise clients consistently with their Sixth Amendment duties. When the rules that drastically increase the consequences of convictions are changed and applied, sometimes long after the plea bargain process is complete, the result is a fundamental unfairness with no redress.
Author(s)
Valerie Newman & Michael Mittlestat, Detroit, MI; Candace Crouse, Pinales Stachler Young, Burrell & Crouse Co., LPA, Cincinnati, OH.
