Tooby's California Post-Conviction Relief for Immigrants



 
 

§ 7.44 (A)

 
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(A)

In General.  A guilty plea that is obtained through “coercion, terror, inducements, subtle or blatant threats” is involuntary and violative of due process.[402]  “[P]leas induced by threats (or promises to discontinue improper harassment), misrepresentation (including unfulfilled or unfulfillable promises), or perhaps by promises that are by their nature improper as having no proper relationship to the prosecutor’s business (e.g. bribes) . . .’ [cannot stand].”[403]


[402] See Boykin, 395 U.S. at 243 [fn. omitted]; Machibroda v. United States, 368 U.S. 487 (1962); Sanchez v. United States, 50 F.3d 1448, 1454 (9th Cir. 1995). 

[403] Brady v. United States, 397 U.S. 742, 755, 90 S.Ct. 1463, 1472, 25 L.Ed.2d 747 (1969) (quoting Shelton v. United States, 242 F.2d 101, 115 (5th Cir. 1957) (Tuttle, J., dis.)).

Updates

 

GROUNDS " COERCION OF PLEA " JUDICIAL PLEA BARGAINING IMPROPER WHEN ACCEPTING A CONDITIONAL CHANGE OF PLEA
People v. Labora (Cal. App. 4 Dist., Dec. 8, 2010) 90 Cal.App.4th 907, 118 Cal.Rptr.3d 606 (reversing sentence and directing trial court to give defendant the opportunity to withdraw his guilty plea where trial court engaged in improper judicial plea bargaining in accepting conditional change of plea).
GROUNDS " COERCION OF PLEA " REMEDY FOR IMPROPER JUDICIAL PLEA BARGAINING IS WITHDRAWAL OF PLEA
People v. Labora (Cal. App. 4 Dist., Dec. 8, 2010) 90 Cal.App.4th 907, 118 Cal.Rptr.3d 606 (proper remedy for improper judicial plea bargaining was to allow defendant to withdraw his plea, rather than specific performance.)

Other

CAL POST CON"SAFE HAVEN"IMPROPER JUDICIAL PLEA BARGAINING
People v. Clancey (1/10/12) 136 Cal.Rptr.3d 226 (reversing conviction, where court engaged in unlawful judicial plea bargaining by informing the defendant that it would impose a five-year term and strike a strike if he admitted all of the charges and allegations against him, and that he could withdraw his pleas and admissions if the trial court did not follow through on its offer).
GROUNDS " COERCION OF PLEA " JUDICIAL PLEA BARGAINING IMPROPER WHEN ACCEPTING A CONDITIONAL CHANGE OF PLEA
People v. Labora (Cal. App. 4 Dist., Dec. 8, 2010) 90 Cal.App.4th 907, 118 Cal.Rptr.3d 606 (reversing sentence and directing trial court to give defendant the opportunity to withdraw his guilty plea where trial court engaged in improper judicial plea bargaining in accepting conditional change of plea).
GROUNDS " COERCION OF PLEA " REMEDY FOR IMPROPER JUDICIAL PLEA BARGAINING IS WITHDRAWAL OF PLEA
People v. Labora (Cal. App. 4 Dist., Dec. 8, 2010) 90 Cal.App.4th 907, 118 Cal.Rptr.3d 606 (proper remedy for improper judicial plea bargaining was to allow defendant to withdraw his plea, rather than specific performance.)

 

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