· 7/7/1982
Donald Asa Harman v. Richard Mohn, Superintendent
Citations
- 683 F.2d 834
- 1982 U.S. App. LEXIS 17644
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- underscoring importance of separate counsel where plea involves promise of leniency to third party
- stating benefit to wife was not sole benefit, but even if it were, since there was probable cause for charges against wife and no indication of bad faith by prosecutor, plea would be upheld
- affirming the district court’s conclusion, pre-AEDPA, that a § 2254 petitioner had “waived” the right to raise a new claim during argument before the magistrate because the allegations in his habeas complaint did not identify the factual basis for that claim
- prosecutor may not induce guilty plea by means of threatening to indict and prosecute the wife of an accused without probable cause
- prosecutor negotiated in good faith where he secured indictment against third party before offering leniency
Source: CourtListener parenthetical corpus (CC0).
Judges: Chapman, Ervin, Phillips
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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