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United States Vs. Broce
Cites for this judgment
- US Supreme Court
- Jan 23, 1989
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U.S. 563 (1989) U.S. Supreme Court United States v. BroceSearch
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U.S. 563 (1989) United States v. BroceSearch
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U. S. 574 . (d) The exception to the rule barring collateral attack on a guilty plea established by Blackledge v. PerrySearch
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U. S. 21 , and Menna v. NewSearch
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prosecution would place it in double jeopardy. The District Court granted the motion to dismiss. United States v. BeachnerSearch
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the District Court's findings were not clearly erroneous, the Court of Appeals affirmed the dismissal. United States v. BeachnerSearch
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F.2d 811 (1985). That judgment was vacated, and the case reheard en banc. Citing our decisions in Blackledge v. PerrySearch
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Brief any citation in this list with AI Studio
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U. S. 21 (1974), and Menna v. NewSearch
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In its decision on appeal from that judgment, the Court of Appeals noted that our intervening decision in Ricketts v. AdamsonSearch
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McCarthy v. UnitedSearch
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is all but synonymous with the conspiracy itself, and as such has great operative force. We held in Braverman v. UnitedSearch
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demonstrate, however, that such grounds do not justify setting aside an otherwise valid guilty plea. In Brady v. UnitedSearch
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ed.). He entered a knowing and voluntary plea of guilty. Nine years after the plea, we had held in United States v. JacksonSearch
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U.S. at 397 U. S. 757 (citation omitted). Similarly, we held in McMann v. RichardsonSearch
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Id. at 397 U. S. 770 . See also Tollett v. HendersonSearch
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such a claim, it cannot serve as the predicate for setting aside a valid plea. In sum, as we explained in Mabry v. JohnsonSearch
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An exception to the rule barring collateral attack on a guilty plea was established by our decisions in Blackledge v. PerrySearch
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United States v. KisselSearch
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Braverman v. UnitedSearch
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a guilty plea is conclusive, and resolves all factual issues necessary to sustain a conviction. But in Blackledge v. PerrySearch
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U. S. 21 (1974), and in Menna v. NewSearch
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see also Blackledge, 417 U.S. at 417 U. S. 30 . Although our recent decision in Ricketts v. AdamsonSearch
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Krulewitch v. UnitedSearch
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in part because conspiracies by their nature are clandestine and difficult to uncover. See, e.g., Blumenthal v. UnitedSearch
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Short v. UnitedSearch
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States, 91 F.2d 614, 624 (CA4 1937). This Court noted in Sanabria v. UnitedSearch
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quoting Cochran v. UnitedSearch
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States, 157 U. S. 286 , 157 U. S. 290 (1895). See also Russell v. UnitedSearch
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Sanabria v. UnitedSearch
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States, 437 U.S. at 437 U. S. 72 , quoting Brown v. OhioSearch
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U. S. 161 , 432 U. S. 169 (1977). As we pointed out in Braverman v. UnitedSearch
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jeopardy issue would not be overly burdensome or replicate the trial that the guilty plea avoided. As noted in Abney v. UnitedSearch
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the one at issue here. Once on notice, a defendant might expressly waive any double jeopardy challenge, see Ricketts v. AdamsonSearch
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Brady v. UnitedSearch
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McMann v. RichardsonSearch
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offenses charged, (4) overt acts charged, and (5) places where the alleged acts took place. See United States v. RaginsSearch
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United States v. KorfantSearch
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U.S. Supreme Court United States v. BroceSearch
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and Menna v. NewSearch
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United States v. BeachnerSearch
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In Brady v. UnitedSearch
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United States v. JacksonSearch
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