Friday, January 4, 2013

SCOTUS to review judge's role in coercing plea

The Supreme Court today granted certiorari to review the decision of the 11th Circuit in U.S. v. Davila, 664 F.3d 1355 (11th Cir. 2011). The Court of Appeals held that the actions of the Magistrate-Judge during plea discussions constituted a violation of F.R.Crim.P. 11(c), which protects defendants against judicial coercion of guilty pleas. The Supreme Court will consider whether the judge improperly participated in the plea discussions between the defendant and the prosecution. United States v. Davila, No. 12-167, cert. granted (U.S. Jan. 4, 2013).

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