In United States v. Eckstein, the 10th Circuit Court of Appeals has affirmed the conviction, finding the district judge’s involvement in plea talks was permissible as advising on offer status – not negotiating – and that a missed warning about the right to counsel didn’t affect substantial rights because Michael Eckstein already knew his rights.
The core issue involved potential coercion from the defendant’s own lawyer threatening to withdraw if Eckstein didn’t accept a plea deal, but the appeals court ruled the judge’s comments didn’t constitute reversible error, despite the attorney’s hostile behavior.
For more information or to read the published opinion, which was filed Jan. 9, visit www.ca10.uscourts.gov/sites/ca10/files/opinions/010111365467.pdf.