2008 Woodie Awards
Video related to this article is available below.Issue date: 2/18/08 Section: News
McIntosh appeal has chance of success | Interactive Feature
Meredith Aska McBride
"The grounds for appeal … are going to be based on what occurred in that back room," Artur said, referring to an alleged off-the-record plea deal that occurred between former counsel and Judge Rayford Means, who handed down McIntosh's original sentence, then recused himself from the case last September. The bargain purportedly guaranteed that McIntosh wouldn't go to prison in exchange for his no-contest plea.
"If you plead guilty, you're doing so on the basis of [these] agreements," said Artur. "This is done all the time and there's no record of it, but this is a case that has blown up because of its notoriety."
It is difficult to retract a guilty or no-contest plea. Before either plea is made, the judge asks the defendant a series of questions to determine that he or she is informed about its consequences and that the plea is the defendant's own decision.
Still, experts say McIntosh may have a chance of withdrawing his no-contest plea.
McIntosh's plea "is not a guilty plea, it's a plea of no contest, 'I can't fight it,'" Filler said. However, no contest is functionally the same as a guilty plea with regard to sentencing, Artur said.
Regardless of the legal strength of the case, experts agreed that its high profile may affect the appeal.
"This is a case that no court wants to be generous to him on. … [McIntosh] is the kind of character everyone finds repugnant," Filler said.
The McIntosh appeal "is certainly going to have a chilling effect on off-the-record conversations before a judge," Artur said, potentially changing the way lawyers in the Philadelphia area view backroom agreements and plea bargaining.
The defense has 30 days from the date of sentencing to file an appeal.
"If you plead guilty, you're doing so on the basis of [these] agreements," said Artur. "This is done all the time and there's no record of it, but this is a case that has blown up because of its notoriety."
It is difficult to retract a guilty or no-contest plea. Before either plea is made, the judge asks the defendant a series of questions to determine that he or she is informed about its consequences and that the plea is the defendant's own decision.
Still, experts say McIntosh may have a chance of withdrawing his no-contest plea.
McIntosh's plea "is not a guilty plea, it's a plea of no contest, 'I can't fight it,'" Filler said. However, no contest is functionally the same as a guilty plea with regard to sentencing, Artur said.
Regardless of the legal strength of the case, experts agreed that its high profile may affect the appeal.
"This is a case that no court wants to be generous to him on. … [McIntosh] is the kind of character everyone finds repugnant," Filler said.
The McIntosh appeal "is certainly going to have a chilling effect on off-the-record conversations before a judge," Artur said, potentially changing the way lawyers in the Philadelphia area view backroom agreements and plea bargaining.
The defense has 30 days from the date of sentencing to file an appeal.
Viewing Comments 1 - 1 of 1
Alum (lawyer)
posted 2/18/08 @ 11:19 AM EST
I second the idea of a chilling effect on plea negotiations. If off the record discussions (which in make the legal world go round) cannot form the basis of withdrawal of a guilty plea if the sentence veers dramatically in a different direction, then there won't be any discussions at all. (Continued…)
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