[DOWNLOAD] "Carwile v. Smith" by United States Court Of Appeals For The Sixth Circuit " Book PDF Kindle ePub Free

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eBook details

• Title: Carwile v. Smith
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 15, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

The question posed in this habeas corpus case is whether the Due Process Clause of the United States Constitution was violated by the refusal of a Kentucky trial judge to let a criminal defendant withdraw a guilty plea after the judge had rejected a sentencing recommendation made by the prosecutor pursuant to a plea bargain. A majority of states do not give the trial judge discretion to disallow withdrawal of a guilty plea in these circumstances; the practice in Kentucky is different. Because the criminal defendant in the present case was not misled about the possibility that the sentencing recommendation might be rejected, and because he bad the option of refusing to plead guilty unless his plea could be conditioned on the courts acceptance of the prosecutors recommendation, we conclude, as did the federal district court in which the habeas case was brought, that there was no violation of the United States Constitution.

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