Mack v. Albee Press, Inc.

How courts have described this case

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

• recognizing that specific performance of a sentencing promise might be necessary where a defendant not only waives his right to trial, but performs other services for the prosecutor as well
• mere assertion of deprivation of federal constitutional right is not sufficient to sustain federal jurisdiction
• “[Plea negotiations] are essential to relieve court calendar congestion and they relieve the prosecution and defense from the risks and uncertainties of trial.”
• in plea bargaining context, “if contract law were applicable, the negotiations would probably not have produced a binding agreement, either for fraud in the inducement or for unilateral mistake knowingly suffered to occur by defendant”
• specific enforcement not available because any sentence “promise” at the time of plea is, as a matter of law and public policy, conditional upon its being lawful and appropriate; proper remedy is to allow withdrawal of guilty plea
• specific enforcement not available because any sentence “promise” at the time of plea is, as a matter of law and public policy, conditional upon its being lawful and appropriate; proper remedy is to allow withdrawal of guilty plea

Source: CourtListener parenthetical corpus (CC0).