· 9/27/1983
Kluttz v. Warden, Nevada State Prison
Citations
- 669 P.2d 244
- 99 Nev. 681
- 1983 Nev. LEXIS 516
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 spirit of a plea agreement was breached when the prosecutor stated that he entered the plea bargain without knowledge of the defendant's criminal record, thus implying that he was seeking a longer term than contained in the agreement
- reversing conviction where the prosecutor \insinuate[ed] that the plea bargain should not be honored\
- reversing conviction where the prosecutor \insinuate[ed] that the plea bargain should not be honored\
- the state is held to “the most meticulous standards of both promise and performance;” violation of the terms or the spirit of plea bargain requires reversal
- this court reversed and remanded for resentencing after district court refused to grant petition for habeas corpus based on state’s argument for sentence in excess of that agreed to
- breach found where prosecutor did not technically violate any term but implicitly sought sentence in excess of that agreed to in plea agreement by advising sentencing judge that state had entered into plea agreement without knowledge of all salient facts
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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