Judgment Search Results Home > Cases Phrase: guilty plea Page 1 of about 451,531 results (0.217 seconds)

Devi Lal Sahu Vs. Union of India (Uoi) and anr.

Court : Rajasthan

Reported in : RLW2009(1)Raj38

..... comment on the finding of this fact as to whether this certificate has been affixed afterwards or not but if we look at the certificate for compliance of rule 115(2) of the rules and page'b' of summary proceedings pertaining to charge and guilty plea, it clearly appears that compliance of rule 115(2) has not been made, which is mandatory requirement of the law. ..... , the court shall ascertain that the accused understands the nature of the charge to which he has pleaded guilty and shall inform him of the general effect of that plea, and in particular of the meaning of the charge to which he has pleaded guilty, and of the difference in procedure which will be made by the plea of guilty and shall advise him to withdraw that plea if it appears from the record or abstract of evidence (if any) or otherwise that the accused ought to plead not ..... it is recorded, the court shall ascertain that the accused understands the nature of the charge to which he has pleaded guilty and shall inform him of the general effect of that plea, and in particular of the meaning of the charge to which he has pleaded guilty and of the difference in procedure which will be made by the plea of guilty, and shall advise him to withdraw that plea if it appears from the summary of evidence (if any) or otherwise that the accused ought to plead not .....

Union of India (Uoi) and ors. Vs. Ex Lans Nayak Bega Ram

Court : Rajasthan

Reported in : 2008(2)WLN56

..... has been affixed afterwards or not but if we look at the certificate for compliance of rule 115(2) of the rules and page 'b' of summary proceedings pertaining to charge and guilty plea, it clearly appears that compliance of rule 115(2) has not been made, which is mandatory requirement of the law. ..... ascertain that the accused understands the nature of the charge to which he has pleaded guilty and shall inform him of the general effect of that plea, and in particular of the meaning of the charge to which he has pleaded guilty and of the difference in procedure which will be made by the plea of guilty, and shall advise him to withdraw that plea if it appears from the summary of evidence (if any) or otherwise that the ..... before recording the plea of guilty, the court martial shall ascertain the following factors (i) that the accused understands the charge to which he has pleaded guilty; (ii) he shall also inform him of the general effect of that plea; (iii) in particular, of the meaning of the charge to which he has pleaded guilty; (iv) of the difference in procedure which will be made by the plea of guilty; and (v) shall advise him to withdraw that plea if it appears ..... single judge came to the conclusion that non-compliance of the mandatory provisions of rule 115(2) of the rules to the extent by not getting the plea of guilty signatured by the accused, amounts to violation of article 14 of the constitution and passed the impugned judgment, which is under challenge in this appeal.3. .....

State (Delhi Administration) Vs. Balroop Singh

Court : Delhi

Reported in : 49(1993)DLT644; 1993(25)DRJ193; 1993RLR211

..... to lend assurance that there was nothing to question the accuracy and reliability of the guilty plea and that the magistrate was fully alive to his duties, the record must not be ..... when such be the position, the magistrate must ensure that the guilty plea is not only voluntary but a knowing intelligent act done with sufficient awareness of not only the relevant circumstances but likely consequences ..... (11) the learned magistrate also failed to appreciate that a guilty plea is a grave and solemn act to be accepted only with care ..... important that the terms of the section are strictly complied with because the right of appeal of the accused depends upon the circumstance whether be pleaded guilty or not and it is for this reason that the legislature requires that the exact words used by the accused in his plea of guilty should, as nearly as possible, be recorded in his own language in order to prevent any mistake or apprehension. ..... must not be forgotten that a guilty plea is not merely an admission of past ..... - if the accused pleads guilty, the magistrate shall record the plea as nearly as possible in lie words used by the accused and may, in his discretion, convict ..... the filing of the complaint, a copy thereof was supplied to constable bal roop singh along with copies of other documents and the matter was adjourned to april 16, 1983 for 'recording the plea of 'guilty' or 'not guilty'. ..... is inherent in section 252 of the code of criminal procedure which provides: '252.conviction on plea.of guilty. .....

Jugla Alias Ramdas Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 2000(1)MPHT318; 2000(2)MPLJ414

..... united states, 397 us 742 : 90 s ct 1430 it has been held that 'guilty pleas are valid if are both 'voluntary' and 'intelligent' and the record must disclose the same'. ..... in the absence of the evidence of the eye witness and even the evidence of last seen accused could not be held guilty and further in the absence of proving that the recovery having been made at the instance of the accused guilt of the accused has not been proved beyond the periphery of doubt. ..... his plea in such a situation would neither be voluntary nor natural. .....

State Vs. Raj Kumar Khandelwal

Court : Delhi

Reported in : 164(2009)DLT713

..... guilty plea/voluntary concealment, destruction orsurrender. ..... except for the fact that 'a' was aware that his wife and children are dead and he is guilty, there is no other hypothesis to explain the act of absconding.56. ..... the previous conduct of the accused of taking rooms in hotels under an assumed name and giving a false address is also relevant conduct wherefrom an inference of a guilty mind can be inferred. ..... 34 which was responded to by a plea of denial. ..... 20, which was responded to by a simple plea of denial. .....

Mccarthy Vs. United States

Court : US Supreme Court

..... united states, 353 f.2d 53 (1965), the court of appeals for the ninth circuit held that, when the district court does not comply fully with rule 11 the defendant's guilty plea must be set aside and his case remanded for another hearing at which he may plead anew. ..... [ footnote 6 ] the advisory committee suggests three methods of determining that a factual basis exists for a guilty plea: (1) inquiring of the defendant; (2) inquiring of the prosecutor; (3) examining the presentence report. ..... noncompliance by the district court with rule 11 requires that the defendant's guilty plea be set aside and his case remanded for another hearing at which he may plead anew. pp. ..... united states, 350 f.2d 940, 943 (1965), in a subsequent en banc decision the ninth circuit held that it would not apply heiden to cases in which the guilty plea was accepted before the date on which heiden was decided. ..... enker, perspectives on plea bargaining, president's comm'n on law enforcement and administration of justice, task force report: the courts, appendix a, 116 (1967); note, guilty plea bargaining: compromises by prosecutors to secure guilty pleas, 112 u.pa.l.rev. ..... this case involves the procedure that must be followed under rule 11 of the federal rules of criminal procedure before a united states district court may accept a guilty plea and the remedy for a failure to follow that procedure. .....

North Carolina Vs. Alford

Court : US Supreme Court

..... by this standard, even if both the judge and the jury had possessed the power to impose the death penalty for first-degree murder or if guilty pleas to capital charges had not been permitted, alford's plea of guilty to second-degree murder should still have been rejected because impermissibly induced by his desire to eliminate the possibility of a death sentence. ..... 705 (1962), lynch, who had been charged in the municipal court of the district of columbia with drawing and negotiating bad checks, a misdemeanor punishable by a maximum of one year in jail, sought to enter a plea of guilty, but the trial judge refused to accept the plea since a psychiatric report in the judge's possession indicated that lynch had been suffering from "a manic depressive psychosis, at the time of the crime charged," and hence might have been not ..... 11 preserves this distinction in its requirement that a court cannot accept a guilty plea "unless it is satisfied that there is a factual basis for the plea"; there is no similar requirement for pleas of nolo contendere, since it was thought desirable to permit defendants to plead nolo without making any inquiry into their actual guilt. ..... conceding that jackson did not require the automatic invalidation of pleas of guilty entered under the north carolina statutes, the court of appeals ruled that alford's guilty plea was involuntary because its principal motivation was fear of the death penalty. .....

Brady Vs. United States

Court : US Supreme Court

..... moreover, the court in jackson rejected a suggestion that the death penalty provision of 1201(a) be saved by prohibiting in capital kidnaping cases all guilty pleas and jury waivers, "however clear [the defendants'] guilt and however strong their desire to acknowledge it in order to spare themselves and their families the spectacle and expense of protracted ..... claim is of a different sort: that it violates the fifth amendment to influence or encourage a guilty plea by opportunity or promise of leniency, and that a guilty plea is coerced and invalid if influenced by the fear of a possibly higher penalty for page 397 u. ..... the court made it clear in jackson that it was not holding 1201(a) inherently coercive of guilty pleas: "the fact that the federal kidnaping act tends to discourage defendants from insisting upon their innocence and demanding trial by jury hardly implies that page ..... a contrary holding would require the states and federal government to forbid guilty pleas altogether, to provide a single invariable penalty for each crime defined by the statutes, or to place the sentencing function in a separate authority having no knowledge of the manner in which the conviction in each ..... imposition of the death penalty under 1201(a), but that decision neither fashioned a new standard for judging the validity of guilty pleas nor mandated a new application of the test theretofore fashioned by courts and since reiterated that guilty pleas are valid if both "voluntary" and "intelligent. .....

Mcmann Vs. Richardson

Court : US Supreme Court

..... provide a constitutionally adequate means to attack the validity of the confession, then it must be expected that a defendant who subsequently seeks to overturn his guilty plea will come forward with a persuasive explanation for his failure to invoke those procedures which were readily available to test the validity of his confession ..... case, the additional issue to be considered was whether the trial judge coerced the guilty plea by threats as to the probable sentence after trial and conviction on a plea of not guilty; in richardson, the additional issue was the inadequacy of counsel allegedly arising from the ..... at stake in this phase of the case is not the integrity of the state convictions obtained on guilty pleas, but whether, years later, defendants must be permitted to withdraw their pleas, which were perfectly valid when made, and be given another choice between admitting their guilt and ..... are entitled to relief if they can establish that confessions were coerced from them and that their guilty pleas were motivated in significant part by their inability to challenge the validity of the confessions ..... into confessing the crime, that his assigned attorney conferred with him only 10 minutes prior to the day the plea of guilty was taken, that he advised his attorney that he did not want to plead guilty to something he did not do, and that his attorney advised him to plead guilty to avoid the electric chair, saying that "this was not the proper time to bring up the confession" .....

Parker Vs. North Carolina

Court : US Supreme Court

..... i parker would have us hold his guilty plea involuntary, and therefore invalid, for two reasons: first, because it was induced by a north carolina statute providing a maximum penalty in the event of a plea of guilty lower than the penalty authorized after a verdict of guilty by a jury; and, second, because the plea was the product of a coerced confession given to the ..... [ footnote 2/14 ] a perceptive commentator, prior to our decision in jackson, noted the interrelation of guilty pleas and an unconstitutional legislatively mandated capital punishment penalty scheme: "it is incontrovertible that the [federal kidnaping] act promises a person pleading guilty at least substantial security from the imposition of capital punishment, while it threatens him with the ultimate sanction ..... were aware at the time they signed the authorization for the guilty plea that, if the plea was accepted, petitioner would receive the mandatory sentence of life imprisonment ..... the court of appeals correctly pointed out that not every plea entered under the federal kidnaping act is necessarily invalid, and ultimately concluded that "[t]he finding of the trial court that the guilty plea was not made because of the statute, but because of other matters, is supported by substantial ..... burglary (a capital offense in north carolina), petitioner and his mother, after consulting counsel, authorized the entry of a guilty plea with the understanding that its acceptance would mandate a sentence of life imprisonment. .....