Appellate Court Vacates Orders, Remands for New Revocation Hearing
In People v. Nemec, the defendant appealed an order revoking his court supervision, an entry of a conviction, and an order to pay fines and costs, arguing he was deprived of his right to be properly admonished of his rights to be represented by counsel at his revocation hearing.
Summaries of two recent appellate cases of interest.
The Factual Basis: Keep It Simple
Unless the judge you are appearing in front of requires a detailed factual basis for a defendant's guilty plea, you should keep the factual basis short and focused.
Sufficient Information Was Conveyed During 911 Call to Properly Stop Defendant
In People v. Shelton, the defendant appealed the trial court's ruling that he did not have ineffective trial counsel based on the fact that his trial counsel did not file a motion to suppress evidence based on a 911 call containing insufficient information for the arresting officer to develop reasonable suspicion.