Tag Archives: Guilty Plea

ACCEPTANCE OF GUILTY PLEA – WHEN? (10-18)

Defendant pleads guilty to Felony Domestic Assault (but could be any criminal offense) pursuant to a plea agreement. Court accepts the plea, orders a PSI and return for sentencing. After reading the PSI court decides NOT to accept the plea agreement. At sentencing the court rejects the previously accepted plea of guilty. Defendant argues that his continued prosecution, following the rejection of a guilty plea that the district court had accepted in open court, violated the constitutional protection against double jeopardy.

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Pendleton10.18-Acceptance_of_Guilty_Plea

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Alford Plea of Guilty – Defendant Denies Guilt (10-15)

THIS UPDATE HAS BEEN REPLACED BY UPDATE 14-18

QUESTION:   What Is An ‘Alford’ Plea Of Guilty? What Procedure Must The District Court Follow Before An Alford Plea Can Be Accepted?

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Pendleton10.15-Alford_Plea_of_Guilty-Defendant_Denies_Guilt

District Court and Plea Negotiations – How Far is Too Far? (10-04)

QUESTION: When attorneys ask or look to you for guidance on the type of sentence you are likely to impose, how do you protect yourself from impermissibly injecting yourself into plea negotiations?

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Pendleton 10.04-District_Court_and_Plea_Negotiations-How_Far_is_Too_Far-Pendleton10.04

Use of Leading Questions in Guilty Pleas (10-01)

QUESTION: Should judges accept a factual basis for a plea of guilty based on the common practice of asking defendants a series of leading questions, without the defendant ever stating in his own words what happened?

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Pendleton 10.01-Use_of_Leading_Questions_in_Guilty_Pleas-Pendleton10.01