· 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 CourtListenerSourced 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.