· 7/5/1929
Black Diamond S. S. Corp. v. Fidelity & Deposit Co. of Maryland
Citations
- 33 F.2d 767
- 1929 U.S. Dist. LEXIS 1343
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the government breached the plea agreement when it agreed to recommend concurrent sentences but recommended consecutive sentences
- stating that a plea agreement “must be attended by constitutional safeguards to ensure a defendant receives the performance he [or she] is due”
- noting that specific performance is the preferred remedy for the government's breach of the plea agreement
- finding that the issue of a breach of plea agreement was raised in the district court by defense counsel's request to consider the subject thereof
- “Allowing the government to breach a promise that induced a guilty plea violates due process.”
- noting that this is a concern for federal prosecutions
Source: CourtListener parenthetical corpus (CC0).
Judges: Coleman, Distrust
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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