Court : US Supreme Court
..... parties agreed on an indeterminate sentence with a 1-year minimum in exchange for a guilty plea, subject to a commitment from the trial judge that he would impose that sentence. ..... familiar with lankford's case and idaho law should have recognized immediately that the judge would necessarily find at least one statutory aggravating circumstance, for the jury's guilty verdict on the two separate murder counts established that, "[a]t the time the murder was committed the defendant also committed another murder," idaho code 19-2515(g)(2). ..... knew that he had been convicted of first-degree murder, and idaho code 18-4004 (1987) clearly states that "every person guilty of murder of the first degree shall be punished by death or by imprisonment for life. ..... robbery, all persons who either directly and actively commit the act constituting robbery or who, with knowledge of the unlawful purpose of the perpetrator of the crime, aid and abet in its commission are guilty of murder of the first degree, whether the killing is intentional or unintentional. ..... 1975) ("the very premise of our adversary system of criminal justice is that partisan advocacy on both sides of a case will best promote the ultimate objective that the guilty be convicted and the innocent go free"). ..... in furtherance of the common purpose to commit the robbery, kills a human being, both the person who committed the killing and the person who aided and abetted him in the robbery are guilty of murder of the first degree." id. at 17. .....
Tag this Judgment!Court : US Supreme Court
..... it is generally accepted that waivers of certain constitutional rights-such as a waiver through a guilty plea of the right to trial or a waiver of the right to counsel-should be made in open court. .....
Tag this Judgment!Court : US Supreme Court
..... petitioner then entered a conditional guilty plea and was sentenced to one year in prison, which was suspended, and two years' probation. .....
Tag this Judgment!Court : US Supreme Court
..... trial court, kring refused to withdraw his guilty plea to second-degree murder and refused to renew his plea of not guilty to first-degree murder, insisting instead that the acceptance of his earlier plea constituted an acquittal on the greater charge. ..... not changed any of the elements of the crime of murder, or the matters which might be pleaded as an excuse or justification for the conduct underlying such a charge; it had changed its law respecting the effect of a guilty plea to a lesser included offense. ..... at the time the crime was committed, missouri law provided that a defendant's plea of guilty to second-degree murder, if accepted by the prosecutor and the court, served as an acquittal of the charge of first ..... " available to kring under earlier missouri law was not one related to the definition of the crime, but was based on the law regulating the effect of guilty pleas. ..... time of kring's offense, missouri law provided that the acceptance of a plea of guilty to second-degree murder constituted an acquittal of first-degree murder. ..... the trial court, over kring's objection, directed a general plea of not guilty to be entered, and, upon retrial, he was convicted of first-degree murder and sentenced ..... in kring, the procedural change -- which deprived kring of a defense based upon an earlier trial or plea -- made it easier for the state to obtain a first-degree murder charge against a defendant who had never been subject to any valid conviction for the crime in question, much less a valid .....
Tag this Judgment!Court : US Supreme Court
..... 831 (1969) (new rule not applicable to guilty pleas accepted before date of lawchanging decision); desist v. .....
Tag this Judgment!Court : US Supreme Court
..... the nevada supreme court affirmed baal's conviction and sentence, rejecting baal's contention that he was incompetent to enter a guilty plea and that it was error not to conduct a competency hearing prior to accepting his pleas. ..... 731 on application to vacate stay syllabus thomas baal, after being examined by three psychiatrists who found him competent to stand trial, pleaded guilty to first-degree murder and robbery and was sentenced to death by a nevada court. ..... on september 22, 1988, baal pled guilty to first degree murder and to robbery, both with use of a deadly weapon. ..... in june 1988, baal was arraigned and pled not guilty and not guilty by reason of insanity. .....
Tag this Judgment!Court : US Supreme Court
..... state could combine all charges into a single prosecution containing the later-charged felony counts, he could have availed himself of n.y.crim.proc.law 170.20(2) (mckinney 1982), which states: "at any time before entry of a plea of guilty to or commencement of a trial of an accusatory instrument [containing a charge of misdemeanor], the district attorney may apply for an adjournment of the proceedings in the local criminal court upon the ground that he intends to present the misdemeanor ..... hearing, the dutchess county court denied respondent's motion, ruling that the failure of corbin or his counsel to inform the town justice court at the time of the guilty plea that corbin had been involved in a fatal accident constituted a "material misrepresentation of fact" that "was prejudicial to the administration of justice. ..... 513 presiding judge accepted his guilty plea, but because the district attorney's office had not submitted a sentencing recommendation, the judge postponed sentencing until november 17, 1987, when an assistant district attorney was scheduled to be ..... misconduct the behavior of either corbin or his attorney, we need not decide whether our double jeopardy analysis would be any different if affirmative misrepresentations of fact by a defendant or his counsel were to mislead a court into accepting a guilty plea it would not otherwise accept. ..... ] the new york court of appeals found no misrepresentations and no misconduct during the guilty plea colloquy on october 27, 1987. .....
Tag this Judgment!Court : US Supreme Court
..... if the government were able to prove those facts, if a guilty plea to a lesser, nonburglary offense was the result of a plea bargain, page 495 u. s ..... his guilty plea was conditioned on the right to appeal ..... the defense present witnesses of its own, and argue that the jury might have returned a guilty verdict on some theory that did not require a finding that the defendant committed generic ..... . [ footnote 8 ] this usage approximates that adopted by the drafters of the model penal code: "a person is guilty of burglary if he enters a building or occupied structure, or separately secured or occupied portion thereof, with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged ..... january, 1988, in the united states district court for the eastern district of missouri, petitioner arthur lajuane taylor pleaded guilty to one count of possession of a firearm by a convicted felon, in violation of 18 u.s.c. ..... also, in cases where the defendant pleaded guilty, there often is no record of the ..... cases of burglary convictions in common law states or convictions of first-degree or aggravated burglary, there is no problem, because the conviction necessarily implies that the defendant has been found guilty of all the elements of generic burglary ..... 459), any convicted felon found guilty of possession of a firearm, who had three previous convictions "for robbery or burglary," was to receive a mandatory minimum sentence of imprisonment for .....
Tag this Judgment!Court : US Supreme Court
..... which involve a continuing scheme to defraud, 'it is within the power of the court to require restitution of any amount up to the entire illicit gain from such a scheme, even if only some specific incidents are the basis of the guilty plea. ..... finally, the government maintains that the extensive practice of plea bargaining would, as a practical matter, wholly undermine victims' ability to recover fully for their losses, because prosecutors often drop charges of which a defendant may be guilty in exchange for a plea to one or more of the other charges. ..... 411 certiorari to the united states court of appeals for the fifth circuit syllabus pursuant to a plea agreement, petitioner hughey pleaded guilty to using one unauthorized mbank credit card. ..... and although a plea agreement does operate to limit the acts for which a court may order the defendant to pay restitution, it also ensures that restitution will be ordered as to the count or counts to which the defendant pleads guilty pursuant to the agreement ..... petitioner's counsel informed the court at that time that petitioner's plea was confined to the allegations in count four, and that petitioner did "not mak[e] admissions to anything other than the facts pertaining to count four." id. at ..... petitioner pleaded guilty to count four of the indictment in exchange for the government's agreement to dismiss the remaining counts and to forgo prosecution "for any other offense arising in the western district of texas as part of the scheme alleged in .....
Tag this Judgment!Court : US Supreme Court
..... after the court found him competent, petitioner entered guilty pleas to all charges. ..... at 84, and later wilkins' guilty plea, id. ..... wilkins then waived counsel, with the avowed intention of pleading guilty and seeking the death penalty, id. ..... he pleaded guilty and was sentenced to death. ..... hale, pleas of the crown 24-29 (1800). .....
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