regarding plea negotiations
in federal courts around our nation.
Contrary to the assumption of the Supreme Court and other observers that plea negotiation
ordinarily occurs in an atmosphere of informed choice, private defense attorneys, public defenders, and appointed attorneys are all subject to bureaucratic pressures and conflicts of interest that seem unavoidable in any regime grounded on the guilty plea.
It was not until fourteen years after Brady that a court first analyzed the applicability of a prosecutor's disclosure duty in a pre-plea context, finding that intentional prosecutorial suppression during plea negotiations
could deprive a defendant of his or her due process rights.
Kentucky underscores the defense bar's stake in participating in the ABA standard-setting process to guide the development of defense counsel's obligations in plea negotiations
3d DCA May 8, 2002), the trial judge initiated plea negotiations
with the defendant after his first trial had ended in a hung jury, strongly suggesting that he accept the state's four-year offer.
Frye (15)--the Court concluded that the right to effective assistance of counsel applies to plea negotiations
, clarified how defendants can obtain relief when their attorneys have failed them in the plea process, explained what relief is available, and expanded the requirements of effective lawyering at that crucial stage in the criminal process.
48) Following this decision, the Supreme Court granted the State's petition for certiorari to resolve the proper application of Strickland to plea negotiation
and defendant's decision making.
It is our view that judicial participation in plea negotiations
83) This present shortage of certified and qualified court interpreters harms non-English-speaking defendants who choose to plead guilty because these defendants may have unskilled court interpreters performing interpretation during plea negotiations
Its integrity will continue to exert unseen pressures on the plea negotiation
The Second Circuit then found that even without this conclusion, evidence of an immunity negotiation has more probative value than evidence of a plea negotiation
deficient counsel during the plea negotiation
81) The disparate bargaining powers between the parties to the plea negotiation
raise the fear that the errors mentioned in the previous paragraph will systematically work to the detriment of the defendant.
68) Mezzanatto appealed his conviction, arguing that he could not waive the Rules' exclusion of his plea negotiation
statements, even for the limited purpose of impeachment.
Specifically, I note that your records of this matter do not reflect that when you telephoned me you indicated it seemed difficult to believe that plea negotiation
letters could be releasable prior to trial.