In re Hentschke

How courts have described this case

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

• holding that under Santobello unauthorized prosecu-torial promise of parole for prior offense was entitled to specific performance
• upholding a defendant’s right to have the promise of parole fulfilled rather than the opportunity to withdraw his guilty plea even though the promise was “unfulfillable” since the defendant had already served the entire promised sentence and parole term
• where defendant detrimentally and reasonably relies on unfulfillable promises by prosecutors, the State may not “disassociate itself . . . from [that] promise”
• “Remand for withdrawal of the guilty plea would indeed have been meaningless[.]”
• “We believe that the rea- soning underlying Santobello applies no less when the prosecutor makes unfulfillable promises in negotiating a plea. Most im- portantly, the voluntariness of a plea induced by unfulfillable promises is, of course, open to grave doubt.”

Source: CourtListener parenthetical corpus (CC0).