Criminal Procedure keyed to Weinreb
Brady v. United States
Facts
The Petitioner, in 1959, was charged with violating 18 U.S.C. Section: 1201(a), a statute prohibiting kidnapping. Pursuant to the statute, since the individual the Petitioner kidnapped eventually died, the Petitioner could have received the death penalty. The petitioner initially plead not guilty. After learning that his co-defendant confessed to the authorities, would plead guilty and be available to testify against him, the Petitioner decided to plea guilty. Prior to the Petitioner entering his plea, the trial judge questioned him twice about the voluntariness of his plea. The Petitioner was sentenced to fifty years in prison and it was later reduced to thirty. In 1967, pursuant to 28 U.S.C. Section: 2255, Petitioner sought relief arguing that his guilty plea was not voluntary in that Section:1201 (a) worked to coerce his plea, because his counsel exerted impermissible pressure upon him and “because his plea was induced by representations with respect to reduction of sentence and clemency.” The District Court of the District of New Mexico denied relief and the Circuit Court affirmed concluding that the District Court’s finding were supported by substantial evidence. Specifically approving of the District Court’s finding that petitioner’s plea of guilty was voluntary.
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