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· 5/11/1976

United States v. Honorable Henry F. Werker, United States District Judge, United States of America v. Harry Santos-Figueroa

Citations

  • 535 F.2d 198

How courts have described this case

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

  • stating that judicial involvement in plea-bargaining is contrary to voluntariness provision of Rule 11 because the judge “seems to become an advocate for the resolution [the judge] has suggested to the defendant”
  • stating that judicial involvement in plea-bargaining is contrary to voluntariness provision of Rule 11 because the judge “seems to become an advocate for the resolution [the judge] has suggested to the defendant”
  • issuing a writ of mandamus ordering the district court to refrain from participating in plea discussions before such participation occurred
  • “[Jjudicial intervention may coerce the defendant into an involuntary plea that he would not otherwise enter.”
  • “the defendant may ... believe himself to be prejudiced if he does not plead guilty in response to the judge’s proposed sentence”
  • “Any predilections of guilt that a judge might hold regarding a defendant must inevitably be reinforced by the knowledge that the defendant wishes to engage in plea bargaining negotiations.’’

Source: CourtListener parenthetical corpus (CC0).

Judges: Lumbard, Waterman, Meskill

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.