· 8/17/2016
Ex Parte Thomas Christopher Leblanc v. State
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding the prosecutor failed to strictly comply with the plea agreement and his conduct—“whether intentional or inadvertent” and whether followed by an attempt to “start again”—“fell below the most meticulous standards of both promise and performance”
- “Doing so ensures Fannon receives the benefit of the bargain by demanding specific performance of the plea agreement.”
- noting counsel has a duty to ensure the defendant receives the “benefit of the agreement”
- reasoning the prosecutor’s initial error revealed that, but for the plea agreement, the State believed consecutive sentences were appropriate
- requiring resentencing because prosecutor breached agreement to “make no sentencing recommendation during the sentencing hearing”
- prosecutor failed to cure breach of plea agreement by starting over and correctly stating agreed recommendation
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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