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| | Encyclopedia: Alford plea |
 | | In the law of the United States, an Alford plea is a plea in criminal court. | | | Three strikes laws are a category of statutes enacted by state governments in the United States, beginning in the 1990s, to mandate long periods of imprisonment for persons convicted of a felony on three (or more) separate occasions. | | | However, courts do not have to accept a plea of nolo contendere, and usually do not, except in certain nonviolent cases. |
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http://www.nationmaster.com/encyclopedia/Alford-plea
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| | People v. Birdsong |
| | Alford, 40 U.S. 25 (1970), requires additional advisement and findings prior to acceptance by the trial court, or whether the acceptance of such a plea constrains the court in later revocation of probation proceedings. | | | We conclude that Birdsong's plea was valid and therefore reverse the judgment of the court of appeals. | | | The court held that the acceptance of an Alford plea does not imply a promise or assurance of anything. |
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http://cl.bna.com/cl/19980603/c828.htm
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| | FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code |
| | Alford sought post-conviction relief in the state court. | | | Subsequently, Alford petitioned for a writ of habeas corpus, first in the United States District Court for the Middle District of North Carolina, and then in the Court of Appeals for the Fourth Circuit. | | | That court's judgment directing the issuance of the writ of habeas corpus is vacated and the case is remanded to the Court of Appeals for further proceedings consistent with this opinion. |
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http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=US&vol=400&invol=25
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| | Alford Plea Law and Legal Definition - USlegalforms.com |
| | Acceptance of an Alford plea is in the court's discretion. | | | However, one state supreme court has held that an Alford plea, unlike a criminal trial, does not provide a full and fair hearing on the issues in the case, and therefore does not preclude later litigation of the issues. | | | A conviction under an Alford plea may be used as a conviction for later sentencing purposes. |
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http://www.uslegalforms.com/lawdigest/legaldefinitions.php/alford_plea.htm
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| | Effect of Alford Plea |
| | Acceptance of an Alford plea is in the court's discretion. | | | Such a plea is valid in New York State. | | | The Alford plea is valid for enhanced sentencing purposes. |
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http://www.mcacp.org/issue39.htm
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| | 150 Wn.2d 905, Clark v. Baines |
| | The Court of Appeals is reversed and the case is remanded to the trial court for further proceedings consistent with this opinion. | | | Accordingly, we reverse the Court of Appeals and remand the case to the trial court for further proceedings. | | | Alford plea precluded him from litigating the issue of whether Clark's allegations in her civil action were based on probable cause. |
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http://www.mrsc.org/mc/courts/supreme/150wn2d/150wn2d0905.htm
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| | USAM 9-16.000 PLEAS -- FEDERAL RULE OF CRIMINAL PROCEDURE 11 |
| | Alford, 400 U.S. In any case where the defendant tenders a plea of guilty but denies that he or she has in fact committed the offense, the attorney for the government should make an offer of proof of all facts known to the government to support the conclusion that the defendant is in fact guilty. | | | Plea bargains with defendants who are elected public officers can present issues of federalism and separation of powers when they require the public officer defendant to take action that affects his or her tenure in office. | | | United States Attorneys are instructed not to consent to a plea of nolo contendere except in the most unusual circumstances and then only after a recommendation for so doing has been approved by the Assistant Attorney General responsible or by the Associate Attorney General, Deputy Attorney General, or the Attorney General. |
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http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/16mcrm.htm
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| | 2 No. 139: In the Matter of Herman Silmon v. Brion D. Travis, &c. |
| | While Alford pleas are rare, from the State's perspective they are no different from other guilty pleas; it would otherwise be unconscionable for a court to sentence an individual to a term of imprisonment. | | | Petitioner received the benefit of his negotiated plea when he was not required to admit to the specific facts of the crime before the court. | | | The court's acceptance of his plea without an admission of culpability was not an indication that the State viewed him as innocent. |
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http://straylight.law.cornell.edu/nyctap/I00_0134.htm
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| | No. 02-1061 |
| | ¶6 A post-sentencing motion for plea withdrawal is addressed to the discretion of the trial court and we will not disturb the trial court's decision absent an erroneous exercise of discretion. | | | At the plea hearing, the parties stipulated to the criminal complaint, which plainly establishes "strong evidence of guilt," as the factual basis for Kendricks' pleas. | | | Smith, 202 Wis. 2d 21, 549 N.W.2d 232 (1996), the supreme court explained, "When the plea entered is an Alford plea, the factual basis is deemed sufficient only if there is strong proof of guilt that the defendant committed the crime to which the defendant pleads." Id. |
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http://www.wisbar.org/res/capp/2003/02-1061.htm
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| | [No title] |
| | However, the underlying question as to whether a factual basis for the plea exists is subject to different standards of review depending on how the factual basis is presented to the trial court. | | | Triplett argued that the circuit court did not have a sufficient factual basis to accept his plea to the charge of theft. | | | When reviewing an }{\b\i Alford}{ plea, the circuit court must go to the same lengths in reviewing the facts to sustain a negotiated plea as a nonnegotiated plea. |
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http://www.courts.state.wi.us/ca/opinions/97/97-1550.DOC
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| | frontline: the plea: four stories: harmonizing substantive criminal law values... PBS |
| | The court suggested that Alford pleas risk being unintelligent, involuntary, and inaccurate. | | | Nolo contendere pleas let them avoid both, which serves the self-interests of offenders and prosecutors at the expense of victims and the civil courts. | | | Another reason for the Indiana rule is that Alford pleas undercut public respect for the justice system. |
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http://www.pbs.org/wgbh/pages/frontline/shows/plea/four/nolo.html
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| | [No title] |
| | Thus, under the circumstances of this case, by freely and intelligently entering an Alford plea to the breaking and entering charge, appellant waived his right to appeal the issue of whether the evidence was sufficient to prove beyond a reasonable doubt that he was guilty of that charge. | | | On February 9, 2000, pursuant to a plea agreement with the Commonwealth, which was accepted by the trial court, appellant entered an Alford plea of guilty and was convicted of violating Code § 18.2 248.1. | | | We simply hold that a plea of guilty to a charge does not waive a claim that judged on its face the charge is one which the State may not constitutionally prosecute. |
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http://www.courts.state.va.us/opinions/opncavwp/0964003.doc
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| | THE PEOPLE &C., RESPONDENT, v. WAYNE S. MILLER, APPELLANT. |
| | As such, we conclude that a conviction premised upon an Alford plea may generally be used for the same purposes as any other conviction. | | | At trial, the court gave appropriate limiting instructions to the jury that defendant's prior conviction was only to be considered for evaluating credibility and not as proof that he committed any of the crimes with which he was charged. | | | Courts have also held that a conviction under an Alford plea may be considered in a determination of predicate felon status for sentencing purposes (see, People v Geier, 144 AD2d 1015). |
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http://straylight.law.cornell.edu/nyctap/I98_0022.htm
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| | Las Vegas SUN: Couple enter Alford plea in man's death |
| | As part of the plea agreement, however, prosecutors have agreed to stipulate Chafford be sentenced to 10 to 25 years in prison. | | | Under an Alford plea a defendant technically does not admit guilt but agrees that prosecutors could prove their case at trial. | | | Chafford faces 10 years to life in prison or a set term of 10 to 25 years in prison for second-degree murder under ordinary sentencing guidelines. |
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http://www.lasvegassun.com/sunbin/stories/text/2005/mar/29/518519684.html
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| | Plea Rejected In Stalker Case |
| | He is also accused of lewd and lascivious behavior in the same area - all while wearing a leopard print thong, according to court records. | | | Plea Agreement Reached In Leopard-print Thong Case January 22, 2004 | | | The Department of Corrections has rejected a plea agreement reached in the case of the Lake Willoughby stalker. |
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http://www.caledonianrecord.com/pages/top_news/story/322630599
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| | Man enters Alford plea in hidden camera case |
| | Joseph Richard Warner, 40, also entered the same plea Wednesday in King County Superior Court to charges of growing marijuana and first-degree possession of stolen property. | | | He posted $85,000 bail and will remain free until sentencing, which is scheduled for Sept. 20. | | | Man enters Alford plea in hidden camera case |
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http://seattlepi.nwsource.com/local/84033_camera23ww.shtml
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| | WKRC 12 Cincinnati - Teacher's aide enters Alford plea in teen assault |
| | Charles Parrott entered an Alford plea in Calloway County District Court yesterday, which means Parrott does not admit guilt, but recognizes that prosecutors would have enough evidence to convict him. | | | New law means license branches will be open on Nov. 7 | | | The 42-year-old Parrott has been suspended without pay, which is consistent with the policy of the Calloway County Board of Education. |
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http://www.wkrc.com/news/state/story.aspx?content_id=38229194-A315-4547-A413-CC3C3ACF9EE9
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| | Man enters Alford plea in jail drug case |
| | Man enters Alford plea in jail drug case | | | Nurse practitioner ordered to pay $5,000 in restitution | | | She entered an Alford plea to those charges in July and in September she was sentenced to three years of probation and ordered to pay $5,000 in restitution. |
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http://www.messenger-inquirer.com/news/kentucky/7780904.htm
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| | The Winchester Star-Alford Plea Entered in High-Speed Car Chase |
| | Throughout the chase, Seabright said Harrison repeatedly tried unsuccessfully to ram or sideswipe law enforcement cruisers before finally crashing into a tree. | | | The Winchester Star-Alford Plea Entered in High-Speed Car Chase | | | Circuit Court Judge John R. Prosser accepted the plea agreement and scheduled a presentence investigation. |
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http://www.winchesterstar.com/TheWinchesterStar/000505/Area_plea.asp
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| | ARTICLE: Ex-Suffolk mayor enters Alford plea in assault case (The Virginian-Pilot - HamptonRoads.com/PilotOnline.com) |
| | Mizelle, 58, a lawyer, was sentenced to 12 months in jail, all of which will be suspended as long as he maintains good behavior. | | | In addition to the 43-year-old woman whose complaint resulted in the charges, five other former clients of Mizelle’s were willing to testify that he had made inappropriate sexual comments toward them, court records show. | | | The plea deal was offered Monday, in part because Uhlar said she didn’t want to subject the victim to an ordeal in court. |
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http://home.hamptonroads.com/stories/story.cfm?story=85606&ran=206827
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| | Alford plea |
| | The text of this article is licensed under the GFDL. | | | This plea originated in the case of North Carolina v Alford, 400 US 25 (http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=caseandcourt=USandvol=400andinvol=25). | | | In an Alford Plea, the defendant does not admit the act, but admits that the prosecution could likely prove the charge. |
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http://www.ebroadcast.com.au/lookup/encyclopedia/al/Alford_plea.html
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| | Former jail employee enters Alford plea in drug fraud, cover-up |
| | Causey entered the plea with conditions that she pay restitution to the jail, enter and complete a substance abuse program and testify as a witness for the prosecution. | | | The Alford plea means the defendant acknowledges there is enough evidence to convict her at trial. | | | She entered the plea before Daviess Circuit Judge Tom Castlen. |
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http://www.messenger-inquirer.com/news/kentucky/7350348.htm
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| | Ex-teacher enters Alford plea on child porn charges |
| | Starr's admission in the federal case will be admissible against him in pending state actions. | | | Starr, fired by the Boyle County school district in March, also agreed to surrender his Kentucky teaching certificate. | | | Mark Starr, 33, entered the plea last week before U.S. District Court Judge Jennifer B. Coffman. |
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http://www.minewspaper.com/news/kentucky/7598188.htm
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| | StarExponent.com - The Culpeper Star Exponent Culpeper woman enters Alford Plea |
| | Child abuse is a Class 4 felony that carries a penalty of two to 10 years in prison. | | | In court, it is treated as a guilty plea. | | | Under its terms, she does not confess to committing the crime but acknowledges the evidence is so strong a jury would likely convict. |
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http://www.starexponent.com/servlet/Satellite?pagename=CSE/MGArticle/CSE_MGArticle&c=MGArticle&cid=1031784935735
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| | The Winchester Star-Man Who Posed as Cop to Recover Drug Money Enters Alford Plea |
| | Martin James Gruschin, 33, of Augusta, W.Va., faces a maximum prison term of 31 years when he is sentenced Oct. 19. | | | However, according to court records, Virginia’s sentencing guidelines recommend Gruschin receive a mid-point prison sentence of six years five months. | | | One of two West Virginia men accused of posing as police officers to recover stolen drug money entered Alford pleas of guilt Monday in Winchester Circuit Court to charges of abduction, breaking and entering, and impersonating a law enforcement officer. |
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http://www.winchesterstar.com/TheWinchesterStar/990831/Area_alford.asp
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| | News from The Roanoke Times -Man enters Alford plea in case of argument that turned deadly |
| | Man enters Alford plea in case of argument that turned deadly | | | Hassan entered Alford pleas, under which he can maintain his innocence while acknowledging that the evidence against him is strong enough that a judge or jury would likely convict him. | | | Hassan first entered a straight guilty plea, but when Dorsey asked him if he was entering his pleas because he was, in fact, guilty, Hassan balked. |
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http://www.roanoke.com/news/roanoke\9414.html
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| | Teen enters Alford plea in Yakima rape case |
| | Teen enters Alford plea in Yakima rape case | | | Benjamin Leon, 18, entered the Alford plea to a charge of accomplice to third-degree rape in Yakima County Superior Court on Wednesday, one day after jury selection began for his trial. | | | With an Alford plea, the defendant does not admit guilt but acknowledges that a jury trial could result in conviction. |
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http://seattlepi.nwsource.com/local/rape171.shtml
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| | Salem minister enters Alford plea in attempted murder of man |
| | That's how Salem Commonwealth's Attorney Fred King would have argued the case, anyway, had it gone to trial. | | | Instead, Brown entered two Alford pleas Wednesday, meaning that she admitted no guilt but acknowledged that prosecutors would likely have proven the charges. | | | Salem minister enters Alford plea in attempted murder of man |
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http://www.freerepublic.com/focus/fr/1067954/posts
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| | Idaho Observer: Prewitt expected to withdraw Alford plea |
| | However, due to incompetent local counsel and the likelihood that he would not have had a fair trial in the court of Judge James Michaud, Prewitt accepted an Alford plea and was sentenced to serve 7-10 years in prison. | | | The move, which is scheduled for April 18, will trigger a trial as per being granted an appeal of his conviction for assault on a police officer. | | | At that time Judge Michaud told Prewitt that if he withdrew his plea, the state would charge him with burglary and two charges of assault on a police officer. |
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http://www.proliberty.com/observer/20020407.htm
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| | Smith Enters Alford Plea - News - McLean Connection - Connection Newspapers |
| | The court may then impose a sentence as if the defendant had been convicted of the crime. | | | During Smith’s plea hearing on Wednesday, Oct. 18 in Fairfax County Circuit Court, Judge Marcus D. Williams told Smith he is to have no unsupervised contact with minors unless an adult is present. | | | That charge of carnal knowledge of a child is currently "nolle prossed," which means the case is not being prosecuted at this time but can be in the future. |
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http://www.connectionnewspapers.com/article.asp?article=58054&paper=68&cat=104
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| | The Winchester Star-Robber Enters Alford Plea |
| | Reginald Bernard Holmes, 45, of 815 Thomas Court in Winchester, entered an Alford plea of guilt on a charge of robbery in the second degree for driving the getaway car after the heist. | | | One half of the couple accused of the June robbery of The Marathon Bank branch on Berryville Avenue in Winchester pleaded guilty to his part in the crime Tuesday in Winchester Circuit Court. | | | In an Alford plea, the accused maintains his or her innocence, but concedes that the prosecution has evidence that would most likely result in a guilty verdict from a jury. |
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http://www.winchesterstar.com/TheWinchesterStar/001025/Area_robber.asp
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| | The Nevada Rancher Monthly Online Magazine - August 2004 Issue |
| | He entered an Alford Plea on July 20 in district court. | | | Under the plea, he did not admit guilt, but agreed prosecutors had enough evidence to convict hime, the Association Press said. | | | Law enforcement officials, including the district attorney’s office, refer to the man as "Salty" Van Kirk. |
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http://nevadarancher.com/news/2004/aug04b.htm
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| | WRAL.com - News - Edgecombe Man Enters Alford Plea In Murder Case |
| | Watkins entered an Alford plea, which means he accepted responsibility for the crime without admitting guilt. | | | Edgecombe Man Enters Alford Plea In Murder Case | | | RALEIGH, N.C. An Edgecombe County man will spend at least 18 years in prison for the slaying of a promising high school football player. |
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http://www.wral.com/news/4416234/detail.html
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| | Man enters Alford plea in rape-murder of woman |
| | He had been charged with aggravated first-degree murder, which carries a penalty of life in prison or death. | | | Wade Earl Stewart, 36, entered an Alford plea Thursday to first-degree murder, first-degree rape and first-degree burglary in the death of Mary Jones. | | | Under the plea, Stewart did not admit guilt but conceded a "substantial likelihood I would be found guilty." |
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http://seattlepi.nwsource.com/local/39112_plea15.shtml
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| | KOBTV.com - Correction: Kiro entered Alford plea, not guilty plea |
| | He entered an Alford plea in which a defendant accepts the outcome of a guilty plea without confessing the crime; he did not plead guilty to second-degree murder in Mitchell’s death. | | | Correction: Kiro entered Alford plea, not guilty plea | | | GALLUP, N.M. (AP) - In an Aug. 15 story about a plea negotiation last week in the 2001 shooting death of police Cpl. Larry Brian Mitchell, The Associated Press reported erroneously the type of plea entered by defendant Robert Kiro. |
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http://www.kobtv.com/index.cfm?viewer=storyviewer&id=13068&cat=NMTOPSTORIES
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| | Re: Alford Plea, a dilema for children too |
| | Sounds like this could be a case of therapist assisted false abuse memory. | | | Re: Alford Plea, a dilema for children too | | | In Reply to: Alford Plea, a delima for children too posted by Danny L. Newton on January 19, 1999 at 09:05:09: |
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http://www.napanet.net/~moiraj/wwwboard/messages/2122.html
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| | Father enters Alford plea to killing baby in Maryland’s first Amber Alert |
| | A young man accused of killing his two-month-old daughter, and setting off Maryland’s first Amber Alert by falsely reporting her missing, pleaded guilty yesterday to involuntary manslaughter. | | | Annual Web subscriptions are $59/$79, depending on whether or not you are a subscriber to our print edition. | | | Father enters Alford plea to killing baby in Maryland’s first Amber Alert |
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http://www.mdbiznews.com/pub/4_135_law/localnews/149355-1.html
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