· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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