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Criminal Law Keyed to Kadish
Bordenkircher v. Hayes
Citation:
434 U.S. 357 (1978)Facts
Defendant was indicted by grand jury for the charge of making a forged instrument for $88.30. This offense was punishable at the time by two to ten years imprisonment. A possible plea agreement was discussed between Defendant, his counsel, and the Commonwealth’s attorney. The Commonwealth’s attorney offered Defendant a sentence of five years imprisonment if Defendant pleaded guilty to the charge in the indictment. The Commonwealth’s attorney told Defendant that if he did not plead guilty and “save the court the inconvenience and necessity of a trial,” he would return to the grand jury and request an indictment under the Kentucky Habitual Criminal Act due to Defendant’s prior two felony convictions. This would mean Defendant would serve a mandatory life sentence of imprisonment. Defendant did not plead guilty and the Commonwealth’s attorney obtained an indictment under the Kentucky Habitual Criminal Act.
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