State Ex Rel. Brewer v. Starcher

How courts have described this case

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

• holding that where trial court unilaterally modified a previously accepted plea agreement, defendant was entitled to specific performance of the agreement if, on remand, evidence failed to show that defendant misrepresented facts to the court
• holding that where trial court unilaterally modified a previously accepted plea agreement, defendant was entitled to specific performance of the agreement if, on remand, evidence failed to show that defendant misrepresented facts to the court
• stating that a trial court is expected to take an active role in evaluating a plea agreement once it is disclosed
• holding “[tjhere is no absolute right under either the West Virginia or the United States Constitutions to plea bax'gain. Therefore, a circuit court does not have to accept every constitutionally valid guilty plea merely because a defendant wishes so to plead.”
• holding “[tjhere is no absolute right under either the West Virginia or the United States Constitutions to plea bargain. Therefore, a circuit court does not have to accept every constitutionally valid guilty plea merely because a defendant wishes so to plead.”
• finding attorneys services were not necessary where plaintiff refused to negotiate with insurer before trial

Source: CourtListener parenthetical corpus (CC0).