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Bordenkircher Vs. Hayes
Cites for this judgment
- US Supreme Court
- Jan 18, 1978
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U.S. 357 (1978) U.S. Supreme Court Bordenkircher v. HayesSearch
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U.S. 357 (1978) Bordenkircher v. HayesSearch
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b) Though to punish a person because he has done what the law allows violates due process, see North Carolina v. PearceSearch
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The Court of Appeals for the Sixth Circuit reversed the District Court's judgment. Hayes v. CowanSearch
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thought that the prosecutor's conduct during the bargaining negotiations had violated the principles of Blackledge v. PerrySearch
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clandestine practice has led this Court to recognize the importance of counsel during plea negotiations, Brady v. UnitedSearch
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U. S. 758 , the need for a public record indicating that a plea was knowingly and voluntarily made, Boykin v. AlabamaSearch
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U. S. 242 , and the requirement that a prosecutor's plea-bargaining promise must be kept, Santobello v. NewSearch
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plea offer itself violated the limitations imposed by the Due Process Clause of the Fourteenth Amendment. Cf. Brady v. UnitedSearch
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we have concluded that the Court of Appeals was mistaken in so ruling. IV This Court held in North Carolina v. PearceSearch
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Parker v. NorthSearch
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and Perry lay not in the possibility that a defendant might be deterred from the exercise of a legal right, see Colten v. KentuckySearch
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danger that the State might be retaliating against the accused for lawfully attacking his conviction. See Blackledge v. PerrySearch
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has done what the law plainly allows him to do is a due process violation of the most basic sort, see North Carolina v. PearceSearch
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supra at 412 U. S. 32 -33, n. 20. See United States v. JacksonSearch
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to defendants and prosecutors, each with his own reasons for wanting to avoid trial. Brady v. UnitedSearch
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S. 364 Note, Plea Bargaining and the Transformation of the Criminal Process, 90 Harv.L.Rev. 564 (1977). Cf. Brady v. UnitedSearch
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drive the practice of plea bargaining back into the shadows from which it has so recently emerged. See Blackledge v. AllisonSearch
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Williams v. McMannSearch
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F.2d 103 (CA2), with United States v. Ruesga-MartinezSearch
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danger of inducing a false guilty plea by skewing the assessment of the risks a defendant must consider. Cf. Brady v. UnitedSearch
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ante this page), is departing from, or at least restricting, the principles established in North Carolina v. PageSearch
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U. S. 366 Pearce, 395 U. S. 711 (1969), and in Blackledge v. PerrySearch
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the second sentence is not otherwise shown to be a product of vindictiveness, Pearce has no application. Chaffin v. StynchcombeSearch
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Hayes v. CowanSearch
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In Brady v. UnitedSearch
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Id. at 397 U. S. 751 n. 8. See also Colon v. HendrySearch
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United States v. JamisonSearch
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United States v. DeMarcoSearch
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United States v. Ruesga-MartinezSearch
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sanctioned such deliberate overcharging or taken such a cynical view of the bargaining process. See North Carolina v. AlfordSearch
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Santobello v. NewSearch
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s insistence on exercising his constitutional rights. We have stated in unequivocal terms, in discussing United States v. JacksonSearch
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U. S. 570 (1968), and North Carolina v. PearceSearch
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U. S. 17 , 412 U. S. 32 n. 20 (1973). And in Brady v. UnitedSearch
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U.S. Supreme Court Bordenkircher v. HayesSearch
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of Blackledge v. PerrySearch
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Brady v. UnitedSearch
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Boykin v. AlabamaSearch
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the Due Process Clause of the Fourteenth Amendment. Cf. Brady v. UnitedSearch
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Colten v. KentuckySearch
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See Blackledge v. PerrySearch
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See United States v. JacksonSearch
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Cf. Brady v. UnitedSearch
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