Tuesday, October 19, 2010
Typing Is Important
In a per curiam opinion, Circuit Justices Jerry E. Smith, senior Circuit Justice Jacques L. Wiener, Jr., and Circuit Justice Jennifer Elrod held that after a supplemental trial court hearing that corrected an absurdity in the record-- that the defendant pleaded "not guilty" at his plea bargain setting resulting in a conviction-- could not attack the sufficiency of the evidence against him on appeal. The supplemental hearing showed that the defendant was pleading "no contest" rather than "not guilty." The guilty plea had been structured so as to allow him to challenge the search of his house, which was how the evidence of credit card abuse had been obtained.