They knew from a young age that Clark Kent was destined to be far more than your average farm boy. In fact, to refer to him as a mere farmer does not do his mighty skill set justice, just as referring to Orrick’s Robert Yablon as an “associate” does not even begin to describe the young man’s accomplishments.

So what did he advocate when he stepped up to the podium yesterday? Keeping judicial intervention out of plea bargaining.

In 2010, Anthony Davila pled guilty to tax fraud claims. However, he only did so after his request for new counsel was denied. He made that request because his attorney did not advise him on any defensive strategies other than taking a plea. The judge, hilariously, and arguably inappropriately, responded:

Yep. The judge told him to “go to the cross”, which is pretty hilarious. The Eleventh Circuit ruled that the judge’s conduct amounted to judicial participation in plea bargaining - a violation of Rule 11. For more on the case, check out our SCOTUS blog.

The only thing at your disposal that is entirely up to you is the two or three level reduction for acceptance of responsibility. That means you’ve got to go to the cross. You’ve got to tell the probation officer everything you did in this case regardless of how bad it makes you appear to be because that is the way you get that three-level reduction for acceptance, and believe me, Mr. Davila, someone with your criminal history needs a three-level reduction for acceptance.

Related Resources:

  • U.S. v. Davila (Eleventh Circuit Court of Appeals)
  • United States v. Davila (SCOTUSblog)
  • Supreme Court to review judge’s role in plea talks (Reuters)

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Civil Rights

Block on Trump’s Asylum Ban Upheld by Supreme Court

Criminal

Judges Can Release Secret Grand Jury Records

Politicians Can’t Block Voters on Facebook, Court Rules