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Tag Archives: Waiver

Criminal Law: Sentencing-Reduction-Waiver

Where a defendant challenged the denial of his motion to reduce his sentence under an amendment that lowered the base offense level for certain drug offenses, the defendant knowingly and voluntarily agreed to a waiver and plea agreement, and the ...

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Criminal Law: Plea Agreement-Waiver

Where a defendant argued that the district court erred by requiring him to comply with sex-offender registration requirements, the appeal fell within the scope of a waiver included in the plea agreement, and the waiver was knowing and voluntary, so ...

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Criminal Law: Sentencing-Waiver

Where defendant, who pleaded guilty to possessing a firearm while unlawfully present in the country, sought dismissal of an indictment, the judgment is affirmed because the defendant waived his right to raise non-jurisdictional objections to his conviction when he pleaded ...

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Criminal Law: Post-Conviction Relief-Effectiveness of Counsel-Waiver

Where the state challenged the grant of relief to a defendant who argued that his counsel erroneously stated his program-completion date to the sentencing court, the judgment is reversed because the motion court granted post-conviction relief based on a claim ...

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Arbitration: Right to Compel- Arbitration Of Counterclaims- Waiver

Where in a dispute arising from an employee’s alleged breach of an anti-solicitation provision and an employer’s agreement to make installment payments to the former employee the record showed that the employer knew it had the right to arbitrate the ...

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Criminal Law: Statutory Rape- Jury Request to Observe Defendant’s Facial Expression- Waiver

Defendant appealed from his conviction of statutory sodomy and statutory rape of his minor biological daughter. During trial, a juror requested defendant change his seating position to better observe his facial expressions. On appeal, defendant argued that the trial court ...

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