Use of Leading Questions in Guilty Pleas (10-01)
QUESTION: Should judges accept a factual basis for a plea of guilty based on the common practice of asking defendants a series of leading questions, without the defendant ever stating in his own words...
View ArticleDistrict Court and Plea Negotiations – How Far is Too Far? (10-04)
QUESTION: When attorneys ask or look to you for guidance on the type of sentence you are likely to impose, how do you protect yourself from impermissibly injecting yourself into plea negotiations?...
View ArticleAlford Plea of Guilty – Defendant Denies Guilt (10-15) Replaced by 14-18)
THIS UPDATE HAS BEEN REPLACED BY UPDATE 14-18 QUESTION: What Is An ‘Alford’ Plea Of Guilty? What Procedure Must The District Court Follow Before An Alford Plea Can Be Accepted? CLICK ON LINK BELOW TO...
View ArticleACCEPTANCE OF GUILTY PLEA – WHEN? (10-18)
Defendant pleads guilty to Felony Domestic Assault (but could be any criminal offense) pursuant to a plea agreement. Court accepts the plea, orders a PSI and return for sentencing. After reading the...
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GUILTY PLEA HEARINGS: THE DANGER OF USING LEADING QUESTIONS (20-7)
QUESTION: Should a judge accept a plea of guilty when the factual basis supporting the plea of guilty is based on the common practice of asking defendants a series of leading questions, without the...
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