State v. Hendrickson
| Docket Number | DA 13-0052 |
| Decision Date | 20 May 2014 |
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6 cases
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State v. Newbary
... ... at 755, 90 S. Ct. at 1472 ); see also Terronez , 27. The actual value of any commitments made to the defendant by the court, prosecutor, or his own counsel are of significant consequence in determining the voluntariness of a plea. State v. Hendrickson , 2014 MT 132, 29, 375 Mont. 136, 325 P.3d 694 (Cotter, J., dissenting) (citing State v. Lone Elk , 2005 MT 56, 21, 326 Mont. 214, 108 P.3d 500, overruled in part on other grounds by State v. Brinson , 2009 MT 200, 9, 351 Mont. 136, 210 P.3d 164 ). The defendant has the burden to show ... ...
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State v. Terronez
... ... See State v. Robinson , 2009 MT 170, 17-18, 350 Mont. 493, 208 P.3d 851. "If any doubt exists on the basis of the evidence presented regarding whether a guilty plea was voluntarily and intelligently made, the doubt must be resolved in favor of the defendant." State v. Hendrickson , 2014 MT 132, 14, 375 Mont. 136, 325 P.3d 694 (citation omitted). 28 Ineffective assistance of counsel can constitute good cause to withdraw a guilty plea. State v. Valdez-Mendoza , 2011 MT 214, 14, 361 Mont. 503, 260 P.3d 151. "Where a defendant is represented by counsel during the plea ... ...
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State v. Langley
... ... 20 We have not had occasion to determine whether to apply this rule of construction to plea agreements. We have, however, resolved doubts and ambiguities in favor of criminal defendants in other circumstances. State v. Hendrickson, 2014 MT 132, 14, 375 Mont. 136, 325 P.3d 694 ("If any doubt exists on the basis of the evidence presented regarding whether a guilty plea was voluntarily or intelligently made, the doubt must be resolved in favor of the defendant."); State v. Garcia, 2003 MT 211, 36, 317 Mont. 73, 75 P.3d 313 (" ... ...
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City of Missoula v. Starr
... ... The Judge explained the State's burden of proof at trial, that Starr would have the right to confront and cross-examine any witnesses called against him, and that Starr had the ... U.S. , 397 U.S. 742, 748 (1970) ).12 This Court has adopted the Brady standard to determine if a plea was voluntarily made. State v. Hendrickson , 2014 MT 132, 15, 375 Mont. 136, 325 P.3d 694 (citation omitted). Under the Brady standard, a plea is considered voluntary if the defendant is ... ...
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