· 9/5/1989
United States v. Giuseppe Pellerito, A/K/A Joseph El Italiano, United States of America v. Hector Rivera-Martinez, A/K/A El Men
Citations
- 878 F.2d 1535
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that family pressure, though “probative of an accused’s motivation for pleading guilty . . . does not necessarily show coercion, duress, or involuntariness”
- determining that a defendant’s conversations with his - 14 - hospitalized mother, despite agitating him, did not render that defendant's plea involuntary
- rejecting claim that plea coerced by “stressful situation” and “agitated emotional state” brought on by urgings of hospitalized mother; noting “many” defendants “sensitive to external considerations”
- distinguishing between the defendant’s motivation to plead guilty and whether the plea was involuntary because it was the product of duress
- finding no ineffective assistance of counsel for failing to raise a Miranda objection where uncontroverted testimony established that the defendant volunteered an admission to the authorities
- “Criminal prosecutions are stressful experiences for nearly all concerned____ The relevant question for plea withdrawal is ... whether the decision to plead was voluntary, i.e., a product of free will.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Campbell, Breyer, Selya
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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