Monday, May 9, 2016

Judge Must Accept Guilt Plea Without Necessary Details

Judge acted outside of his authority to reject a guilty plea just because he wanted details about the crime that went beyond the elements necessary for a guilty plea.

United States v. Nickel, 2016 BL 85312, 9th Cir., No. 14-30204, 3/21/16

     The U.S. Court of Appeals for the Ninth Circuit ruled that once a defendant admits that the charged elements of the crime are true, the judge can only reject the plea if the defendant is disputing, or does not understand, the charges.

     The court confirmed that "[t]here is no requirement in Rule 11(b) that the defendant himself give an in-depth account of his crime or confirm that everything in the government's offer of proof is true."

http://www.bloomberglaw.com/public/desktop/document/United_States_v_Nickle_No_1430204_2016_BL_85312_9th_Cir_Mar_21_20?1462809942

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