Fallout from Baltimore's Gun Trace Task Force scandal continues. In this iteration, a man pleaded guilty to illegally possessing a gun that was found by dirty cop Daniel Hersl. Man now seeks to withdraw his guilty plea, arguing that Hersl's misconduct rendered his plea involuntary. Disctrict court: No way. Fourth Circuit: Yes, way. Dirty cop "Hersl’s misconduct was far more pervasive than" anyone could have known The feds' "two-faced positions" here—first relying on the man's grand-jury testimony that the dirty cops planted the gun and now insisting that the man illegally possessed it—"are clearly at odds with the notion of justice." The man needs to be able to show that Hersl's misconduct predated his guilty plea, which he can pursue in discovery.
The case is United States v. Paylor, No. 19-07861 (4th Cir. Dec. 15, 2023).