green
Positive treatment
Quoted verbatim 1×
8.1 score
“ordinarily there is no requirement that a defendant object to the violation of a plea agreement at the time of sentencing, and defendant's claim that his plea agreement was violated is not waived by his failure to raise the issue at sentencing.”
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983
2004
2026
Top citers, strongest first. 12 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
United States v. John Moscahlaidis
ordinarily there is no requirement that a defendant object to the violation of a plea agreement at the time of sentencing, and defendant's claim that his plea agreement was violated is not waived by his failure to raise the issue at sentencing.
discussed
Cited "see"
State v. Kallberg
See United States v. Alexan- der, 736 F. Supp. 1236, 1239 (N.D.N.Y. 1989), aff’d, 901 F.2d 272 (2d Cir. 1990); accord Paradiso v. United States, 689 F.2d 28, 31 (2d Cir. 1982), cert. denied, 459 U.S. 1116 , 103 S. Ct. 752 , 74 L.
discussed
Cited "see"
State v. Kallberg
See United States v. Alexander , 736 F.Supp. 1236 , 1239 (N.D.N.Y. 1989), aff'd, 901 F.2d 272 (2d Cir. 1990) ; accord Paradiso v. United States , 689 F.2d 28 , 31 (2d Cir. 1982), cert. denied, 459 U.S. 1116 , 103 S.Ct. 752 , 74 L.Ed. 2d 970 (1983) ; State v. Nelson , 23 Conn.App. 215 , 219-20, 579 A.2d 1104 , cert. denied, 216 Conn. 826 , 582 A.2d 205 (1990), cert. denied, 499 U.S. 922 , 111 S.Ct. 1315 , 113 L.Ed. 2d 248 (1991).
discussed
Cited "see"
Harris v. Commissioner of Correction
See State v. Nelson, 23 Conn. App. 215, 219 , 579 A.2d 1104 (“Where, as here, there is a dispute as to the terms of a plea agreement, our analysis turns on ‘the real intent of the parties . . . .’ Paradiso v. United States, [ 689 F.2d 28, 31 (2d Cir. 1982), cert. denied, 459 U.S. 1116 , 103 S. Ct. 752 , 74 L.
cited
Cited "see"
United States v. Matos
See United States v. Smith, 687 F.2d 147, 152 (6th Cir.1982), cert. denied, 459 U.S. 1116 , 103 S.Ct. 752 , 74 L.Ed.2d 970 (1983).
discussed
Cited "see"
United States v. Yussel Brody, A/K/A \Joseph Brody
See Paradiso v. United States, 689 F.2d 28, 30 (2d Cir.1982) (per curiam) (“defendant’s claim that his plea agreement was violated is not waived by his failure to raise the issue at sentencing or in a subsequent Rule 35 motion”) (citing United States v. Corsentino, 685 F.2d 48 (2d Cir.1982)), ce rt. denied, 459 U.S. 1116 , 103 S.Ct. 752 , 74 L.Ed.2d 970 (1983).
discussed
Cited "see"
United States v. Wayne Randell Anglian
(2×)
See United States v. Smith, 687 F.2d 147, 152 (6th Cir.1982), cert. denied, 459 U.S. 1116 , 103 S.Ct. 752 , 74 L.Ed.2d 970 (1983); see also United States v. Santucci, 674 F.2d 624, 632 (7th Cir. 1982), cert. denied, 459 U.S. 1109 , 103 S.Ct. 737 , 74 L.Ed.2d 959 (1983).
discussed
Cited "see"
Raymond L. McClaskey v. United States Department of Energy
(2×)
Id. at 1050 (emphasis added; citations and footnote omitted); accord Sherman v. Alexander, 684 F.2d 464, 468 (7th Cir.1982) (citing additional cases), cert. denied, — U.S. —, 103 S.Ct. 752 , 74 L.Ed.2d 970 (1983).
discussed
Cited "see, e.g."
Commonwealth v. Kroh
See also, Fruehan, 557 A.2d at 1094-1095 , quoting, Paradiso v. United States, 689 F.2d 28, 31 (2d Cir.1982) (per curiam), cert. denied, 459 U.S. 1116 , 103 S.Ct. 752 , 74 L.Ed.2d 970 (1983), quoting, United States v. Arnett, 628 F.2d 1162, 1164 (9th Cir.1979) (When assessing whether a particular plea agreement has been breached, we look to “what the parties to this agreement reasonably understood to be the terms of the agreement.”).
discussed
Cited "see, e.g."
State v. Nelson
“Because a defendant waives several constitutional rights when [she] elects to plead guilty to a criminal offense, the choice of a guilty plea is of profound significance.” State v. Lopez, supra. If the state makes promises to the defendant in order to induce a guilty plea, those promises must be fulfilled; Santobello v. New York, supra, 262 ; and “ ‘[t]he breaking of a promise made by the prosecutor as a result of plea negotiations is sufficient to invalidate a conviction.’ ” Szarwak v. Warden, 167 Conn. 10,19 , 355 A.2d 49 (1974); see also Paradiso v. United States, 689 F.2d 28, …
discussed
Cited "see, e.g."
United States v. Michael R. Sidener
See also United States v. Gabriel, 525 F.Supp. 173, 180-81 (N.D.Ill.1981) aff 'd, 692 F.2d 759 (7th Cir.1982) (unpublished opinion), cert. denied, 459 U.S. 1116 , 103 S.Ct. 752 , 74 L.Ed.2d 970 (1983) (the double jeopardy clause was not violated by a conviction for conspiracy to counterfeit and counterfeiting).
discussed
Cited "see, e.g."
In re Criminal Investigation, 7th District Court No. CS-1
E.g., In re Melvin, 546 F.2d 1 ; United States v. Keen, 509 F.2d 1273 (6th Cir.1975); Durbin, 21 F.2d 520 ; United States v. O’Kane, 439 F.Supp. 211 (S.D.Fla.1977); O’Connor, 118 F.Supp. 248 ; see also United States v. Smith, 687 F.2d 147 (6th Cir.1982), cert. denied, 459 U.S. 1116 , 103 S.Ct. 752 , 74 L.Ed.2d 970 (1983); United States v. Santucci, 674 F.2d 624 (7th Cir.1982), cert. denied, 459 U.S. 1109 , 103 S.Ct. 737 , 74 L.Ed.2d 959 (1983); In re Grand Jury Proceedings/Subpoenas, 593 F.Supp. at 95 .
Retrieving the full opinion text from the archive…
Doherty
v.
United States
v.
United States
No. 82-5741.
Supreme Court of the United States.
Jan 10, 1983.
Published
Citer courts: Third Circuit (1)
Ct. Cl. Certiorari denied.