Santobello v. New York 8212 98
| Decision Date | 20 December 1971 |
| Docket Number | No. 70,70 |
| Citation | 92 S.Ct. 495,30 L.Ed.2d 427,404 U.S. 257 |
| Parties | Rudolph SANTOBELLO, Petitioner, v. NEW YORK. —98 |
| Court | U.S. Supreme Court |
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4930 cases
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United States v. Walker, Crim. A. No. 80-486.
...bargaining thought necessary to ensure that the interests of all the parties are safeguarded. See Santobello v. New York, 404 U.S. 257, 261-62, 92 S.Ct. 495, 498, 30 L.Ed.2d 427 (1971). 31 See note 30, 32 The Fifth Circuit held in Jackson v. Walker, 585 F.2d 139 (1978) that a defendant coul......
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State v. Madera
...to comply with this agreement constitutes a failure of consideration in the plea bargaining process. See Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971). Such a failure requires this court to vacate the defendant's pleas on the ground that they did not "constitute ......
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Jefferson v. Berkebile
...one of its promises, the defendant is entitled to appropriate relief to remedy the breach. Id; see also Santobello v. New York, 404 U.S. 257, 263, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971); United States v. Dawson, 587 F.3d 640, 645 (4th Cir.2009); United States v. Jureidini, 846 F.2d 964, 965-66......
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Ramirez v. Yates
...so that it can be said to be part of the inducement or consideration, the promise must be fulfilled.” Santobello v. New York, 404 U.S. 257, 262, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971). Claims that a plea agreement was breached are analyzed under state contract law. Ricketts v. Adamson, 483 U.S......
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72 books & journal articles
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Criminal Antitrust Enforcement
...to prevent a defendant from being compelled to testify against his family in exchange for a plea). 343. See, e.g., Santobello v. New York, 404 U.S. 257, 262 (1971) (noting where a promise or agreement of the prosecutor is part of the inducement for a plea, such promise must be fulfilled); U......
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Alternatives to prosecution
...683 F. Supp. 1136, 1138 (E.D. Mich. 1988) (pretrial diversion agreement creates rights enforceable by courts); cf. Santobello v. New York, 404 U.S. 257, 262 (1971) (when defendant fulfills promise to enter guilty plea, prosecutor is bound to fulfill promise made in exchange). §7:8 Divertabl......
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Developments in Connecticut Criminal Law: 2007
...that violated his "right to be sentenced in accordance with the terms of his plea agreement as mandated by Santobello v. New York, 404 U.S. 257 (1971)."(fn67) The court found that the habeas court had properly held that the petitioner was entitled to a sentence that would fulfill "the actua......
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Table of Cases
...5–17 n.119 Ruffalo, In re, 390 U.S. 544, 88 S. Ct. 1222, 20 L. Ed. 2d 117 (1968): 16–9; 16–9 nn.71, 72; 16–11 Santobello v. New York, 404 U.S. 257, 92 S. Ct. 495, 30 L. Ed. 2d 427 (1971): 12–14 Sawyer, In re, 360 U.S. 622, 79 S. Ct. 1376, 3 L. Ed. 2d 1473 (1959): 8–24 n.203; 8–24 nn.204, 20......
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