Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

03/23/76 PEOPLE v. HALL

March 23, 1976

PEOPLE
v.
HALL



Appeal from Washtenaw, Ross W. Campbell and William F. Ager, Jr., JJ.

Leave to appeal applied for.

M. J. Kelly, P. J., and V. J. Brennan and Danhof, JJ. Danhof, J. (dissenting).

SYLLABUS BY THE COURT

Opinion of the Court

1. -- Plea of Guilty -- Plea Bargains -- Due Process -- Sentence Recommendations -- Reliance -- Reasonable Doubt.

Due process requires that any doubt as to whether a defendant reasonably relied upon a representation by his attorney that the prosecutor would recommend a certain minimum sentence as part of a plea bargain must be resolved in favor of the defendant; the test for review of such a claim is whether the evidence causes the Judge to entertain a reasonable doubt whether the plea was encouraged by a false promise of leniency in sentencing.

2. -- Plea of Guilty -- Sentence Recommendations -- Reliance.

A defendant's plea of guilty and sentence of 20 to 40 years should be reversed where the Court of Appeals is convinced, from the transcript and affidavits of defendant and defense counsel, that the defendant was told that the prosecutor would recommend a 10-year minimum sentence, the defendant relied upon that representation and the prosecutor in fact recommended a 20-year minimum.

3. -- Plea of Guilty -- Sentence Recommendations -- Court Rules.

A sentencing recommendation must be recorded when it is an element of a plea bargain (GCR 1963, 785.7[2]).

Dissent by Danhof, J.

4. -- Plea of Guilty -- Advice of Counsel -- Consequences of Plea -- Voluntariness of Plea.

Bad advice or inaccurate representation by an accused's own counsel as to the consequences of a plea of guilty is not sufficient to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.