Judgment Search Results Home > Cases Phrase: guilty plea Sorted by: recent Page 8 of about 451,763 results (0.272 seconds)

R Vs. Horncastle and Others (Appellants) (on Appeal from the Court of ...

Court : UK Supreme Court

..... generally speaking the "instruction" was the most significant stage of the criminal process all the more so because the "guilty plea" procedure was unknown. ..... in upholding the conviction, the paris court of appeal held that the absent witnesses' statements "satisf[ied] the court that the defendant was guilty of the offences charged and [made] the requested examination of the witnesses unnecessary" (para 20). ..... " it also noted that the applicant was found guilty on the sole basis of the statements of his accusers, and continued, "the applicant should have been given the opportunity of being confronted with his accusers and thus enabled to put his own questions and ..... the application of the rules resulted in the acquittal of defendants who were manifestly guilty see myers v director of public prosecutions [1965] ac 1001. ..... well over 80% of criminal prosecutions are resolved by a plea of guilty. ..... in this jurisdiction a defendant may decide to "plead guilty" at any stage between being charged and the trial ..... for ensuring fair trials the scheme now enshrined (as to hearsay evidence) in the criminal justice act 2003 and (as to anonymous evidence) in the criminal evidence (witness anonymity) act 2008 cannot stand and many guilty defendants will have to go free. ..... not to go into the witness box and, in the exceptional case where the jury learnt that a defendant was a man of bad character, they had to be instructed that this made it no more likely that he was guilty of the crime charged. .....

State Vs. Sanjay Dass (Convict)

Court : Delhi

Reported in : 164(2009)DLT596

..... to imprisonment for life cannot be released from prison unless he/she has served at least 14 years of imprisonment.the alternative option considered by the courts, is to pass a direction that the accused, who has been held guilty would not be released from prison, till a sentence more than 14 years imprisonment has been suffered by the accused, who has been sentenced to undergo imprisonment for life.we need not note many and varied ..... extent of persistence of the accused to plead guilty can be gauged from the fact that he even sought to get his case transferred from one court to another for the reason the court dealing with his case was not considering the guilty plea taken by him. ..... state (delhi administration); a guilty plea by the offender or his voluntarily surrendering before the authorities and his being genuinely remorseful as held in the decisions reported as (2008) ewhc 92 (qb) in ..... ramesh kumar aggarwal pw-10 and santosh kumar upadhyaya pw-11 were partly examined and the case was adjourned to 26.05.2007 for recording of the remaining prosecution evidence and the accused was directed to rethink over the guilty plea taken by him.97. ..... after drawing attention of the court to the fact that there is no evidence establishing forced entry into the flat, a half-hearted plea was urged by the counsel that it is possible that the children and in particular x may have allowed entry to somebody known to her and that in probability the persons allowed entry by x were two in number who .....

Melendez-diaz Vs. Massachusetts

Court : US Supreme Court

..... support of its unlikely hope, the court relies on the brief for law professors as amici curiae 7 8, which reports that nearly 95% of convictions are obtained via guilty plea and thus do not require in-court testimony from laboratory analysts. ..... for law professors as amici curiae 7 8 (nearly 95% of convictions in state and federal courts are obtained via guilty plea). ..... result, in many cases, will be that the prosecution cannot meet its burden of proof, and the guilty defendant goes free on a technicality that, because it results in an acquittal, cannot be reviewed on ..... assuming that number holds, and that 95% of the cases end in a plea bargain, each of the city s 6 drug analysts (two of whom work only part time) must testify in 117 drug cases next year. id. , ..... number remains the same, and assuming that 95% of the cases end in a plea bargain, each of the city s 18 drug analysts, ibid . ..... zealous counsel will insist upon concessions: a plea bargain, or a more lenient sentence in exchange for relinquishing this ..... ), the court considered kirby s conviction for receiving stolen property, the evidence for which consisted, in part, of the records of conviction of three individuals who were found guilty of stealing the relevant property. id., at 53. ..... guilty defendants will go free, on the most technical grounds, as a direct result of today s decision, adding nothing to the ..... because testimony is obviously reliable is akin to dispensing with jury trial because a defendant is obviously guilty. .....

Nijhawan Vs. Holder

Court : US Supreme Court

..... he adds that here, as in taylor , such a reading avoids the practical difficulty of determining the nature of prior conduct from what may be a brief paper record, perhaps noting only a statutory section number and a guilty plea; or, if there is a more extensive record, combing through that record for evidence of underlying conduct. ..... , breaking into a building rather than into a vessel), by examining the indictment or information and jury instructions, taylor , supra, at 602, or, if a guilty plea is at issue, by examining the plea agreement, plea colloquy or some comparable judicial record of the factual basis for the plea. ..... if there was a guilty plea (and no trial), the subsequent court should examine the written plea documents or the plea colloquy. ..... the court noted that such an interpretation of the statute avoids the practical difficulty of trying to ascertain in a later proceeding, perhaps from a paper record containing only a citation (say, by number) to a statute and a guilty plea, whether the [offender s] prior crime . . . ..... a jury found him guilty. .....

R Vs. Islam (Respondent) (on Appeal from the Court of Appeal Criminal ...

Court : House of Lords

..... [defendant] must have spent x in purchasing the drugs and that the x spent on drugs came from criminal conduct", and that, although that route would have been open under sections 6(4) and 10 (since his guilty pleas established the necessary criminal lifestyle), there was no evidence sufficient to justify any finding as to the purchase cost. ..... the respondent pleaded guilty on 1 february 2006 to two counts of being knowingly concerned in the fraudulent evasion of the prohibition on the importation of goods contrary to section 170(2) of the customs and excise management act 1979. .....

United States Vs. Denedo

Court : US Supreme Court

..... consisting of a single military judge, accepted respondent s guilty plea after determining that it was both knowing and voluntary. ..... petition for a writ of coram nobis filed with the nmcca, that the conviction it had earlier affirmed must be deemed void because his guilty plea was the result of ineffective assistance of counsel. ..... filed a petition for a writ of coram nobis under the authority of the all writs act, asking the nmcca to vacate the conviction it had earlier affirmed on the ground that his guilty plea resulted from ineffective assistance of counsel, who had assured him his plea bargain carried no risk of deportation. ..... respondent s sixth amendment claim presents a matte[r] of law with respect to the [guilty] findings as approved by the [special court-martial] and as affirmed by the ..... his sixth amendment claim presents a matte[r] of law with respect to the [guilty] findings as approved by the [special court-martial] and as affirmed by the ..... his attorney an alcoholic who was not sober during the course of the special court-martial proceeding erroneously assured him that if he agreed to plead guilty at a special-court-martial he would avoid any risk of deportation. ..... military and civilian counsel, respondent made a plea bargain to plead guilty to reduced charges. ..... respondent alleged that he informed his civilian attorney during plea negotiations that his primary concern and objective was to avoid deportation and that he was willing to risk going to jail to avert separation from his .....

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. .....

R Vs. Jtb (Appellant) (on Appeal from the Court of Appeal Criminal Div ...

Court : House of Lords

..... children was as follows: if an infant be above seven years old and under twelve years, (which according to the ancient law was aetas pubertati proxima) and commit a felony, in this case prima facie he is to be adjudged not guilty, and to be found so, because he is supposed not of discretion to judge between good and evil; yet even in that case, if it appear by strong and pregnant evidence and circumstances, that he had discretion to judge between good ..... v smith (1845) 1 cox cc 260 erle j, in a case where a ten year old stood charged with arson of a haystack, directed the jury that the defendants guilty knowledge had to be proved by evidence and could not be inferred from the mere commission of the act, and this became an established principle of law. 17. ..... that ruling the appellant entered the guilty pleas. ..... although the origin of the defence is much earlier, i propose to start with the 1778 edition of hales history of the pleas of the crown, where the defence is considered in volume i, chapter 3 under the heading touching the defect of infancy and ..... on 4 october 2007 the appellant pleaded guilty at worcester crown court to twelve counts of offences of causing or inciting a child under 13 to engage in sexual activity contrary to section 13(1) of the sexual offences ..... seven years old, he cannot be guilty of felony, whatever circumstances proving discretion may appear; for ex praesumptione juris he cannot have discretion, and no averment shall be received against that presumption .....

Kansas Vs. Ventris

Court : US Supreme Court

..... the state dropped the murder charge against theel in exchange for her guilty plea to the robbery charge and her testimony identifying ventris as the shooter. ..... the jury ultimately acquitted ventris of felony murder and misdemeanor theft but returned a guilty verdict on the aggravated burglary and aggravated robbery counts. ..... s interest in truthseeking is congruent with the defendant s interest in representation by counsel, for it is an elementary premise of our system of criminal justice 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. .....

Puckett Vs. United States

Court : US Supreme Court

..... a puckett s primary precedent-based argument proceeds as follows: when the government breaks a promise that was made to a defendant in the course of securing a guilty plea, the knowing and voluntary character of that plea retroactively vanishes, because (as it turns out) the defendant was not aware of its true consequences. ..... argued january 14, 2009 decided march 25, 2009 in exchange for petitioner puckett s guilty plea, the government agreed to request (1) a three-level reduction in his offense level under the federal sentencing guidelines on the ground that he had accepted responsibility for his crimes; and (2) a sentence at the low end of the ..... 742 (1970), we quoted approvingly the fifth circuit s statement that guilty pleas must stand unless induced by misrepresentation (including unfulfilled or unfulfillable promises), id. ..... in any case, it is entirely clear that a breach does not cause the guilty plea, when entered, to have been unknowing or involuntary. ..... the government s breach of the plea agreement does not retroactively cause the defendant s guilty plea to have been unknowing or involuntary. ..... 459 , 466 (1969), the guilty plea is thus void, along with the defendant s corresponding waiver of his right to trial. ..... and even when the conviction is overturned, the reason is not that the guilty plea was unknowing or involuntary. .....