Court : US Supreme Court
..... after ewing completed probation, however, the sentencing court reduced the crime to a misdemeanor, permitted ewing to withdraw his guilty plea, and dismissed the case. ..... 451(a) (west 1999) (prison term of 5, 7, or 9 years for arson that causes great bodily injury); it imposes upon those guilty of voluntary manslaughter a maximum sentence of 11 years, 193 (prison term of 3, 6, or 11 years for voluntary man- 45 slaughter). ..... it imposes, for example, upon nonrecidivists guilty of arson causing great bodily injury a maximum sentence of nine years in prison, cal. ..... the court also heard arguments from defense counsel and a plea from ewing himself. ..... in 1984, at the age of 22, he pleaded guilty to theft. .....
Tag this Judgment!Court : US Supreme Court
..... (this was based on guilty pleas to a murder, multiple burglaries, and a robbery entered after the first trial. ..... "this is scarcely a picture of an all-powerful state relentlessly pursuing a defendant who had either been found not guilty or who had at least insisted on having the issue of guilt submitted to the first trier of fact. ..... this case hardly presents the specter of "an 115 all-powerful state relentlessly pursuing a defendant who had either been found not guilty or who had at least insisted on having the issue of guilt submitted to the first trier of fact. ..... "when a trial court declares a mistrial, it all but invariably contemplates that the prosecutor will be permitted to proceed anew notwithstanding the defendant's plea of double jeopardy." id., at 92. ..... , at 92, at least where the defendant "had either been found not guilty or ... .....
Tag this Judgment!Court : US Supreme Court
..... that the constitution, in respect to a defendant's awareness of relevant circumstances, does not require complete knowledge of the relevant circumstances, but permits a court to accept a guilty plea, with its accompanying waiver of various constitutional rights, despite various forms of misapprehension under which a defendant might labor. ..... that the constitution, in respect to a defendant's awareness of relevant circumstances, does not require complete knowledge, but permits a court to accept a guilty plea, with its accompanying waiver of various constitutional rights, despite various forms of misapprehension under which a defendant might labor. ..... the same time, a constitutional obligation to provide impeachment information during plea bargaining, prior to entry of a guilty plea, could seriously interfere with the government's interest in securing those guilty pleas that are factually justified, desired by defendants, and help to ..... given the seriousness of the matter, the constitution insists, among other things, that the defendant enter a guilty plea that is "voluntary" and that the defendant must make related waivers "knowing[ly], intelligent[ly], [and] with sufficient awareness ..... in this case, the ninth circuit in effect held that a guilty plea is not "voluntary" (and that the defendant could not, by pleading guilty, waive her right to a fair trial) unless the prosecutors first made the same disclosure of material impeachment information that the prosecutors would have had to .....
Tag this Judgment!Court : US Supreme Court
..... allen, 831 f.2d 1487 , 1495-1496 (ca9 1987) (finding magistrate judge had reasonably enquired into joint representation of 17 codefendants who entered a group guilty plea, but reversing because the district court failed to enquire when defense counsel later gave the court a list "rank[ing] the defendants by their relative culpability"). ..... if you find the defendant guilty of first degree murder, then you shall fix his punishment at: (1) imprisonment for life; or (2) a specific term of imprisonment, but not less than twenty [20] years .... ..... ii if the defendant is found guilty of a capital offense, the ensuing proceedings that determine whether he will be put to death are critical in every sense of the word. ..... [but do find a malicious, willful, deliberate, premeditated killing], then you shall find the defendant guilty of first degree murder. ..... even if no particular prejudice is shown and even if the defendant was clearly guilty. ..... vonn, ante, at 72-73 (error in judge's rule 11 plea colloquy). .....
Tag this Judgment!Court : US Supreme Court
..... if made by the current litigant in "the recent proceeding upon 59 whether a court reviewing rule 11 error under either standard is limited to examining the record of the colloquy between court and defendant when the guilty plea was entered, or may look to the entire record begun at the defendant's first appearance in the matter leading to his eventual ..... 459 , 465 (1969), to combat defendants' "often frivolous" attacks on the validity of their guilty pleas, by aiding the district judge in determining whether the defendant's plea was knowing and 74 in sum, there are good reasons to doubt that expressing a harmless-error standard in rule l1(h) was meant to carry any ..... ; and even the consequences of any 8 nor did mccarthy claim that the guilty plea should be accepted on the alford theory that a defendant may plead guilty while protesting innocence when he makes a conscious choice to plead simply to avoid the ..... would also have a tendency to undercut the object of rule 32(e), which governs guilty plea withdrawal by creating an incentive to file withdrawal motions before sentence, not afterward. ..... the defendant with his lawyer's obligation to do what is reasonably necessary to render the guilty plea effectual and to refrain from trifling with the court. ..... this is only good sense; in acting as an incentive to think through a guilty plea before sentence is imposed, the rule tends to separate meritorious second thoughts (say, a defendant's doubts about his understanding) and mere sour grapes .....
Tag this Judgment!Court : US Supreme Court
..... of landgraf's retroactivity analysis in order to determine whether depriving removable aliens of consideration for 212(c) relief produces an impermissible retroactive effect for aliens who, like respondent, were convicted pursuant to a plea agreement at a time when their plea would not have rendered them ineligible for 212(c) relief.45 felony," deal with subjects quite closely related to 304(b)'s elimination of 212(c) relief for aliens convicted of aggravated felonies. ..... two important legal consequences ensued from respondent's entry of a guilty plea in march 1996: (1) he became subject to deportation, and (2) he became eligible for a discretionary waiver of that deportation under the pre- 38 the dissent argues that our decision will afford more ..... are obtained by guilty plea. ..... but unlike the elimination of 212(c) relief in this case, which depends upon an alien's decision to plead guilty to an "aggravated felony," the deprivation of the district court's power to grant injunctive relief at issue in duplex printing did not in any way result from or depend on the past ..... aliens who pleaded guilty or nolo contendere to crimes on the understanding that, in so doing, they would retain the ability to seek discretionary 212(c) relief would retroactively unsettle their reliance on the state of the law at the time of their plea agreement. ..... state in which respondent pleaded guilty, require that trial judges advise defendants that immigration consequences may result from accepting a plea agreement. .....
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..... those prior convictions, he alleged, were themselves unconstitutional because they both were based on guilty pleas that were not knowing and voluntary, and because the 1981 conviction was also the product of ineffective assistance of counsel. ..... for example, petitioner contends that he entered his 1978 and 1981 guilty pleas without a full understanding of the essential elements of the crimes with which he was charged, and therefore the resulting convictions violated due process. ..... both prior convictions, he claimed, were based on inadequate guilty pleas and one was the product of ineffective assistance of counsel. ..... the sole basis on which petitioner daniels challenges his current federal sentence is that two of his prior state convictions were the products of inadequate guilty pleas and ineffective assistance of counsel. ..... like petitioner here, custis challenged his prior convictions as the product of allegedly faulty guilty pleas and ineffective assistance of counsel. ..... or successive 2255 motion if there is "newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense"); ibid. ..... yet petitioner has not placed the transcript from either plea colloquy in the record. .....
Tag this Judgment!Court : US Supreme Court
..... trial judge accepted the three guilty pleas, the prosecutor filed a formal ..... with the state's notice clause, explaining that "the offence which is punishable with the higher penalty is not fully and 7 the court held that a general plea of "guilty" to an indictment that includes an allegation of a prior conviction applies to the fact of the prior conviction ..... what the cited cases hold is that, once a jury has found the defendant guilty of all the elements of an offense which carries as its maximum penalty the sentence of death, it may be left to the judge to decide whether that maximum penalty, rather than a ..... and crown took the form not only of flat-out acquittals in the face of guilt but of what today we would call verdicts of guilty to lesser included offenses, manifestations of what blackstone described as 'pious perjury' on the jurors' part. ..... rejected the argument that the principles guiding our decision today render invalid state capital sentencing schemes requiring judges, after a jury verdict holding a defendant guilty of a capital crime, to find specific aggravating factors before imposing a sentence of death. ..... the parties entered into a plea agreement, pursuant to which apprendi pleaded guilty to two counts (3 and 18) of second-degree possession of a firearm for ..... almendarez-torres pleaded guilty to the indictment, admitting at the plea hearing that he had been deported, that he had unlawfully reentered this country, and that "the earlier deportation had taken place 'pursuant .....
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..... simmons further does not indicate that south carolina law considered a guilty plea and sentence insufficient to render the defendant parole ineligible upon conviction of ..... : the simmons defendant had conclusively established his parole ineligibility at the time of sentencing and ramdass had not; a sentence had been imposed for the simmons defendant's prior conviction and he pleaded guilty, while the domino's case was tried to a jury and no sentence had been imposed; and the grounds for challenging a guilty plea in the simmons defendant's state are limited. ..... while a south carolina defendant might challenge a guilty plea, the grounds for doing so are limited, see ..... thus, at the time of the capital sentencing trial, a final judgment of conviction had been entered for the pizza hut crime; a jury had found petitioner guilty of the domino's crime, but the trial court had not entered a final judgment of conviction; and charges in the alexandria murder had not yet been filed, and indeed petitioner had denied any ..... the plurality relies upon the fact that at the time of ramdass' sentencing phase, although the jury had rendered a guilty verdict in the domino's pizza robbery case, the trial judge had not yet entered judgment on the verdict. ..... 98 (1975) ("the general rule is that a plea of guilty, voluntarily and understandingly made, constitutes a waiver of nonjurisdictional defects and defenses, including claims of violation of constitutional rights prior to the plea"); see also whetsell v. .....
Tag this Judgment!Court : US Supreme Court
..... the case is not moot, however, because the agreement also provides for the entry of a guilty plea and a sentence that will not include incarceration if we should reverse and issue an opinion that is sufficiently favorable to the government ..... because the agreement also provides for the entry of a guilty plea and a sentence should this court reverse, the case ..... acknowledging that he could not satisfy the reasonable particularity standard, the independent counsel entered into a conditional plea agreement providing for dismissal of the indictment unless this court's disposition of the case makes it reasonably likely that respondent's immunity would not pose a significant ..... is what happened here: the documents sought by one grand jury to see if respondent had violated a plea agreement led to the return of an indictment by another grand jury for offenses apparently unrelated to that ..... argued february 22, 2000-decided june 5, 2000 as part of a plea agreement, respondent promised to provide the independent counsel investigating matters relating to the whitewater development corporation with information ..... in december 1994, respondent pleaded guilty to charges of mail fraud and tax evasion arising out of his billing practices as a member of an arkansas law firm from 1989 to 1992, and was sentenced to ..... counsel acknowledged that he could not satisfy the "reasonable particularity" standard prescribed by the court of appeals and entered into a conditional plea agreement with respondent. .....
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