Criminal

To show good cause under Interim Rule 14(C) for remote testimony in a criminal trial, the State must present case-specific evidence that allowing a particular witness to testify remotely is necessary to prevent a concrete and substantial harm that would otherwise likely occur and that could not be adequately addressed if the witness were to testify in person.

When a defendant signs a plea agreement that leaves sentencing discretion to the trial court and contains a waiver of the right to appeal the sentence, the court should:
1. Explain that the defendant would ordinarily have the right to appeal their sentence, but the plea agreement contains a waiver limiting that right.
2. Read the appeal-waiver provision to the defendant.
3. Explain that the provision waives the defendant’s right to appeal the sentence to be imposed, except for:
• any issue that falls outside the scope of the waiver;
• a sentence that violates the plea agreement; or
• a sentence that is illegal because it falls outside the prescribed statutory range or is unconstitutional.
4. Confirm the defendant understands the consequences of the appeal-waiver provision before accepting the guilty plea.