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· 10/29/1975

United States v. I. H. Hammerman, II

Citations

  • 528 F.2d 326
  • 1975 U.S. App. LEXIS 12164

How courts have described this case

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

  • holding prosecutor lacked power to assure defendant that court would accept recommendation for sentence; proper remedy is to withdraw guilty plea
  • noting that it does not matter that the prosecutor’s \prediction or promise was made in good faith; what matters is it was probably relied upon\ by the defendant in deciding to plead guilty (citations omitted)
  • describing when a prosecutor’s “prediction” might cause reliance and become “an essential element of the plea bargain”
  • prosecutor lacked power to assure defendant that court would accept recommendation for sentence; proper remedy is to withdraw guilty plea

Source: CourtListener parenthetical corpus (CC0).

Judges: Butzner, Craven, Field

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.