Factbites
 Where results make sense
About us   |   Why use us?   |   Reviews   |   PR   |   Contact us  

Topic: Alford plea


Related Topics

  
  Encyclopedia: Alford plea   (Site not responding. Last check: 2007-10-29)
Upon receiving an Alford plea from a defendant, the court may immediately pronounce the defendant guilty and impose sentence as if the defendant had otherwise been convicted of the crime.
Plea has come to mean in the popular vernacular the assertion by a criminal defendant, in response of an arraignment, whether he is guilty or not guilty.
An Alford plea is simply a form of a guilty plea, and, as with other guilty pleas, the judge must see there is some factual basis for the plea.
www.nationmaster.com /encyclopedia/Alford-plea   (531 words)

  
 No. 94-2894-CR   (Site not responding. Last check: 2007-10-29)
We hold that in order to accept an Alford plea, even in the context of a plea agreement, a court must find that there is strong proof of guilt as to each element of the crime to which the defendant is pleading.
Alford pleas are treated differently from guilty pleas in regard to the factual basis requirement because Alford pleas allow a defendant to be convicted of a crime even though the defendant continues to assert his innocence.
Alford, 400 U.S. An Alford plea "is a guilty plea in which the defendant pleads guilty while either maintaining his innocence or not admitting having committed the crime." State v.
www.wisbar.org /res/sup/1996/94-2894.html   (1646 words)

  
 People v. Birdsong
The court of appeals determined that Birdsong's plea was not valid because a term of his sentence was inconsistent with his Alford plea and the trial court had failed to advise him of the inconsistency.
We conclude that Birdsong's plea was valid and therefore reverse the judgment of the court of appeals.
Accordingly, a guilty plea is not rendered invalid by a trial court's failure to warn a defendant of the collateral consequences of his guilty plea.
cl.bna.com /cl/19980603/c828.htm   (3753 words)

  
 No. 02-1061   (Site not responding. Last check: 2007-10-29)
Judge Donald denied the motion to withdraw, concluding that the colloquy at the plea hearing established that Kendricks "knowingly, intelligently and voluntarily entered a valid plea to the offenses for which he was convicted." Kendricks subsequently filed a motion to vacate the order denying his motion to withdraw his pleas.
To withdraw a plea, post-sentencing, a defendant "carries the heavy burden of establishing, by clear and convincing evidence, that the trial court should [have] permit[ed] [him or her] to withdraw the plea to correct a `manifest injustice.'" Id.
To prove that withdrawal of the plea is necessary, the defendant must first make a prima facie showing that his or her constitutional or statutory rights were denied.
www.wisbar.org /res/capp/2003/02-1061.htm   (1995 words)

  
 [No title]   (Site not responding. Last check: 2007-10-29)
During the plea colloquy, she explained the purpose of }{\b\i Alford }{pleas and questioned Kendricks\rquote competency and understanding of the pleas.
Judge Donald denied the motion to withdraw, co ncluding that the colloquy at the plea hearing established that Kendricks \'93knowingly, intelligently and voluntarily entered a valid plea to the offenses for which he was convicted.\'94 Kendricks subsequently filed a motion to vacate the order denying his mot ion to withdraw his pleas.
To withdraw a plea, post-sentencing, a defendant \'93carries the heavy burden o f establishing, by clear and convincing evidence, that the trial court should [have] permit[ed] [him or her] to withdraw the plea to correct a \lquote manifest injustice.\rquote \'94 }{\b\i Id.}{ at \'b6 16 (citation omitted).
www.courts.state.wi.us /ca/opinions/02/02-1061.doc   (2099 words)

  
 FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
United States, 397 U.S. (1970), that a plea of guilty which would not have been entered except for the defendant's desire to avoid a possible death penalty and to limit the maximum penalty to life imprisonment or a term of years was not for that reason compelled within the meaning of the Fifth Amendment.
As previously recounted, after Alford's plea of guilty was offered and the State's case was placed before the judge, Alford denied that he had committed the murder but reaffirmed his desire to plead guilty to avoid a possible death sentence and to limit the penalty to the 30-year maximum provided for second-degree murder.
The fact that his plea was denominated a plea of guilty rather than a plea of nolo contendere is of no constitutional significance with respect to the issue now before us, for the Constitution is concerned with the practical consequences, not the formal categorizations, of state law.
caselaw.lp.findlaw.com /scripts/getcase.pl?navby=case&court=US&vol=400&invol=25   (4256 words)

  
 USAM 9-16.000 PLEAS -- FEDERAL RULE OF CRIMINAL PROCEDURE 11
Alford, 400 U.S. In any case where the defendant tenders a plea of guilty but denies that he or she has in fact committed the offense, the attorney for the government should make an offer of proof of all facts known to the government to support the conclusion that the defendant is in fact guilty.
Plea bargains with defendants who are elected public officers can present issues of federalism and separation of powers when they require the public officer defendant to take action that affects his or her tenure in office.
Plea agreements should honestly reflect the totality and seriousness of the defendant's conduct, and any departure to which the prosecutor is agreeing, and must be accomplished through appropriate Sentencing Guideline provisions.
www.usdoj.gov /usao/eousa/foia_reading_room/usam/title9/16mcrm.htm   (1661 words)

  
 150 Wn.2d 905, Clark v. Baines
Newton, 87 Wn.2d 363, 552 P.2d 682 (1976) we adopted the rationale in Alford and held that a guilty plea, from a defendant who maintains his or her innocence, is constitutionally valid if there is sufficient evidence to support a jury verdict of guilty, id.
A plea of guilty is admissible in a subsequent civil action on the independent ground that it is an admission.
Alford plea precluded him from litigating the issue of whether Clark's allegations in her civil action were based on probable cause.
www.mrsc.org /mc/courts/supreme/150wn2d/150wn2d0905.htm   (3481 words)

  
 Effect of Alford Plea   (Site not responding. Last check: 2007-10-29)
Acceptance of an Alford plea is in the court's discretion.
Whether a conviction resulting from an Alford plea is "valid" for later use is important in two areas: enhanced sentencing and collateral consequences.
A guilty plea, or a conviction after trial, can be used in later civil litigation against a defendant to collaterally estop the criminal defendant from relitigating legally established facts.
www.mcacp.org /issue39.htm   (609 words)

  
 [No title]   (Site not responding. Last check: 2007-10-29)
Alford}{, 400 U.S. On appeal, Triplett seeks to withdraw his plea based on his claim that the record before the circuit court at the time of his plea did not provide a sufficient factual basis supporting the charged offense.
A sufficient factual basis in an }{\b\i Alford }{plea exists only if there is strong proof of guilt that the defendant committed the crime to which the defendant pleads.
In an }{\b\i Alford}{ setting, the factual basis must establish strong proof of guilt because the evidence must be strong enough to overcome the defendant\rquote s \'93protestations\'94 of innocence.
www.courts.state.wi.us /ca/opinions/97/97-1550.DOC   (1740 words)

  
 frontline: the plea: four stories: harmonizing substantive criminal law values... | PBS
Recall that these pleas are the functional equivalent of guilty pleas, except that defendants do not admit guilt and (in nolo pleas) are not estopped by their pleas in later litigation.
Another argument is that nolo pleas protect "the respectable citizen" who is "technically guilty" but does not deserve civil disabilities (such as losing the rights to vote and hold office).
These pleas are most attractive to those who deny guilt to others and perhaps themselves, but these are precisely the offenders who need to have their illusions, excuses, and pride shattered.
www.pbs.org /wgbh/pages/frontline/shows/plea/four/nolo.html   (17570 words)

  
 Washington Courts   (Site not responding. Last check: 2007-10-29)
I write separately to emphasize that the analysis of the preclusive effect of an Alford plea might be different if the party entering such a plea brought a malicious prosecution action against the state, prosecutor, or a complaining witness in the criminal case alleging no probable cause for the criminal charges.
It should also be noted that Clark did not offer the Alford plea of Baines as preclusive evidence of the sexual assault alleged in her civil complaint.
Additionally, it should be emphasized that the Alford plea may be admissible, within the discretion of the trial court, as an admission by Baines.
www.courts.wa.gov /opinions?fa=opinions.opindisp&docid=732876CO1   (282 words)

  
 2 No. 139: In the Matter of Herman Silmon v. Brion D. Travis, &c.
Petitioner also acknowledged that, at the time of the plea, his mother-in-law's wrongful death suit was pending against him, and was later settled when he surrendered his assets to her.
While Alford pleas are rare, from the State's perspective they are no different from other guilty pleas; it would otherwise be unconscionable for a court to sentence an individual to a term of imprisonment.
Petitioner received the benefit of his negotiated plea when he was not required to admit to the specific facts of the crime before the court.
straylight.law.cornell.edu /nyctap/I00_0134.htm   (2117 words)

  
 [No title]
On appeal, appellant makes no claim that his Alford plea was entered involuntarily or unintelligently or that it was entered under fear, duress, coercion, fraud, or official misrepresentation.
Under an Alford plea, a defendant maintains innocence while entering a plea of guilty because the defendant concludes that his interests require entry of a guilty plea and the record before the court contains strong evidence of actual guilt.
Thus, under the circumstances of this case, by freely and intelligently entering an Alford plea to the breaking and entering charge, appellant waived his right to appeal the issue of whether the evidence was sufficient to prove beyond a reasonable doubt that he was guilty of that charge.
www.courts.state.va.us /opinion/2573992.doc   (659 words)

  
 Man enters Alford plea in jail drug case   (Site not responding. Last check: 2007-10-29)
A nurse practitioner who worked at the Daviess County Detention Center entered an Alford plea in Daviess Circuit Court on Wednesday to a charge of using an unlawful prescription to obtain a controlled substance.
By entering an Alford plea, Ward was found guilty after acknowledging the prosecution had enough evidence to secure a conviction at trial but did not admit guilt.
She entered an Alford plea to those charges in July and in September she was sentenced to three years of probation and ordered to pay $5,000 in restitution.
www.messenger-inquirer.com /news/kentucky/7780904.htm   (387 words)

  
 Alford plea
In an Alford Plea, the defendant does not admit the act, but admits that the prosecution could likely prove the charge.
This plea originated in the case of North Carolina v Alford, 400 US 25 (http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=caseandcourt=USandvol=400andinvol=25).
The text of this article is licensed under the GFDL.
www.ebroadcast.com.au /lookup/encyclopedia/al/Alford_plea.html   (56 words)

  
 Alford Plea Law and Legal Definition - USlegalforms.com   (Site not responding. Last check: 2007-10-29)
In an Alford Plea, the criminal defendant does not admit the act, but admits that the prosecution could likely prove the charge.
A conviction under an Alford plea may be used as a conviction for later sentencing purposes.
However, one state supreme court has held that an Alford plea, unlike a criminal trial, does not provide a full and fair hearing on the issues in the case, and therefore does not preclude later litigation of the issues.
www.uslegalforms.com /lawdigest/legaldefinitions.php/alford_plea.htm   (262 words)

  
 Plea Rejected In Stalker Case
Bernard Curtis, 33, of Newport City, had entered an Alford plea in January to a felony charge of sexual assault on a woman on a trail along the lakeshore on Sept. 14, 2001.
By entering an Alford plea with the Orleans County state's attorney's office, Curtis seeks to maintain his innocence but accepts the consequences of the agreement as in his best interest.
The Department of Corrections is "without basis in law or fact rejecting the Alford plea," Kilmartin wrote in a March 24 motion to Judge Dennis Pearson.
www.caledonianrecord.com /pages/top_news/story/322630599   (475 words)

  
 [No title]
On February 9, 2000, pursuant to a plea agreement with the Commonwealth, which was accepted by the trial court, appellant entered an Alford plea of guilty and was convicted of violating Code ยงย 18.2248.1.
Appellant does not contend that her Alford plea was entered involuntarily or unintelligently nor that she misunderstood the effect of her plea.
We simply hold that a plea of guilty to a charge does not waive a claim that judged on its face the charge is one which the State may not constitutionally prosecute.
www.courts.state.va.us /opinions/opncavwp/0964003.doc   (1206 words)

  
 Las Vegas SUN: Couple enter Alford plea in man's death   (Site not responding. Last check: 2007-10-29)
But prosecutors agreed to let Chafford enter an Alford plea to one count of second-degree murder and one count of conspiracy to commit robbery and to let Wade enter an Alford plea to one count of voluntary manslaughter with use of a deadly weapon.
Under an Alford plea a defendant technically does not admit guilt but agrees that prosecutors could prove their case at trial.
As part of the plea agreement, however, prosecutors have agreed to stipulate Chafford be sentenced to 10 to 25 years in prison.
www.lasvegassun.com /sunbin/stories/text/2005/mar/29/518519684.html   (392 words)

  
 Former jail employee enters Alford plea in drug fraud, cover-up   (Site not responding. Last check: 2007-10-29)
Tammy Ann Causey, 40, of the 6800 block of Kentucky 1389 entered the plea to six counts of second-degree forgery, two counts of tampering with evidence and six counts of obtaining a controlled substance by fraud.
The Alford plea means the defendant acknowledges there is enough evidence to convict her at trial.
Causey entered the plea with conditions that she pay restitution to the jail, enter and complete a substance abuse program and testify as a witness for the prosecution.
www.messenger-inquirer.com /news/kentucky/7350348.htm   (204 words)

  
 THE PEOPLE &C., RESPONDENT, v. WAYNE S. MILLER, APPELLANT.
We concluded that the plea at issue was voluntarily made notwithstanding the fact that defendant "could not honestly confess his guilt because of his amnesia" (id.
As such, we conclude that a conviction premised upon an Alford plea may generally be used for the same purposes as any other conviction.
At trial, the court gave appropriate limiting instructions to the jury that defendant's prior conviction was only to be considered for evaluating credibility and not as proof that he committed any of the crimes with which he was charged.
straylight.law.cornell.edu /nyctap/I98_0022.htm   (1996 words)

  
 Smith Enters Alford Plea - News - McLean Connection - Connection Newspapers   (Site not responding. Last check: 2007-10-29)
Oliver E. Smith, 22, entered an Alford plea to two counts of possession of child pornography.
A defendant who enters an Alford plea admits that the prosecution has enough evidence to convict, without admitting guilt.
During Smith’s plea hearing on Wednesday, Oct. 18 in Fairfax County Circuit Court, Judge Marcus D. Williams told Smith he is to have no unsupervised contact with minors unless an adult is present.
www.connectionnewspapers.com /article.asp?article=58054&paper=68&cat=104   (295 words)

  
 Ex-teacher enters Alford plea on child porn charges   (Site not responding. Last check: 2007-10-29)
In an Alford plea, the defendant does not admit guilt but concedes there is sufficient evidence for a conviction.
The plea agreement filed Monday eliminates "the necessity of having family members identify the various visual depictions of the minor female victims if this matter was to proceed to trial." Viewing those images "would undoubtedly only further victimize them," the plea agreement said.
He pleaded not guilty to that charge, which is related to images found on a computer, and to a charge of tampering with physical evidence.
www.minewspaper.com /news/kentucky/7598188.htm   (264 words)

  
 Idaho Observer: Prewitt expected to withdraw Alford plea   (Site not responding. Last check: 2007-10-29)
SANDPOINT -- Rex Prewitt, 45, is expected to withdraw the Alford plea that sent him to prison without a trial June 6, 1999.
The move, which is scheduled for April 18, will trigger a trial as per being granted an appeal of his conviction for assault on a police officer.
However, due to incompetent local counsel and the likelihood that he would not have had a fair trial in the court of Judge James Michaud, Prewitt accepted an Alford plea and was sentenced to serve 7-10 years in prison.
www.proliberty.com /observer/20020407.htm   (345 words)

  
 News from The Roanoke Times -Man enters Alford plea in case of argument that turned deadly
Hassan entered Alford pleas, under which he can maintain his innocence while acknowledging that the evidence against him is strong enough that a judge or jury would likely convict him.
He told Circuit Judge Charlie Dorsey, through a Somali interpreter, that he entered the pleas because he is a young man and wants to be relatively young when he emerges from prison.
Hassan first entered a straight guilty plea, but when Dorsey asked him if he was entering his pleas because he was, in fact, guilty, Hassan balked.
www.roanoke.com /news/roanoke\9414.html   (763 words)

  
 Man enters Alford plea in hidden camera case   (Site not responding. Last check: 2007-10-29)
BELLEVUE -- An Issaquah man has entered an Alford plea to felony voyeurism for hiding a video camera in the women's restroom of a restaurant.
Joseph Richard Warner, 40, also entered the same plea Wednesday in King County Superior Court to charges of growing marijuana and first-degree possession of stolen property.
Under an Alford plea, Warner does not admit guilt but acknowledges a jury would likely convict him.
seattlepi.nwsource.com /local/84033_camera23ww.shtml   (289 words)

Try your search on: Qwika (all wikis)

Factbites
  About us   |   Why use us?   |   Reviews   |   Press   |   Contact us  
Copyright © 2005-2007 www.factbites.com Usage implies agreement with terms.