Massachusetts Appeals Court· 11/4/1982

Commonwealth v. Damiano

Citations

441 N.E.2d 1046
14 Mass. App. Ct. 615
1982 Mass. App. LEXIS 1499

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

stating that where sentencing alternatives were discussed with the trial judge and the judge did not commit himself in advance to the imposition of a particular sentence, there was no basis for concluding that the trial judge had coerced the defendant’s guilty pleas
noting “a certain degree of coercion (in the sense of psychological or emotional pressure) is endemic to any system which asks a person to forgo certain rights in order to be spared certain penalties.”
noting \a certain degree of coercion (in the sense of psychological or emotional pressure) is endemic to any system which asks a person to forgo certain rights in order to be spared certain penalties.\
\a claim of coercion must be supported by facts appearing in the record and not based solely on a defendant's subjective beliefs or complaints\
coercion defined as “the use of a threat to induce action”
“This is not to say, however, that a judge’s involvement in the plea bargaining process is a per se violation of a defendant’s rights . . . [and] we recognize that the permissible limits of such involvement by no means approach the latitude given to prosecutors”

Source: CourtListener parenthetical corpus (CC0).

Judges: Greaney, Perretta, Kass

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19 cases in this archive cite this case.

Cites

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