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Positive treatment
Quoted verbatim 1×
6.7 score
“plea bargains are subject to contract law principles insofar as their application will insure the defendant what is reasonably due him”
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988
2007
2026
Top citers, strongest first. 24 distinct citers.
How cited ↗
discussed
Cited "but see"
Simmerer v. Dabbas, Unpublished Decision (7-7-1999)
But see Azziolino v. Dingfelder (N.C. 1985), 337 S.E.2d 528 , certiorari denied (1986), 479 U.S. 835 , 93 L.Ed.2d 275 , which refused to recognize wrongful birth as a legally compensable claim absent a mandate from the legislature.
discussed
Cited "but see"
WALKER BY PIZANO v. Mart
(2×)
also: Cited "see, e.g."
See Lininger v. Eisenbaum, 764 P.2d 1202 , 1208 n. 9 (Colo.1988) (citing numerous cases in which the cause of action has been recognized); see abo Note, Father and Mother Know Best: Defining the Liability of Physicians for Inadequate Genetic Counseling, 87 YALE L.J. 1488 (1978) (discussing the issue and concluding that imposing liability on physicians vindicates societal interest in reducing the incidence of birth defects); but see Azzolino v. Dingfelder, 315 N.C. 103 , 337 S.E.2d 528 (1985) (denying wrongful birth claim), cert. denied, 479 U.S. 835 , 107 S.Ct. 131 , 93 L.Ed.2d 75 (1986). 4 .
discussed
Cited as authority (quoted)
State v. Crockett
plea bargains are subject to contract law principles insofar as their application will insure the defendant what is reasonably due him
discussed
Cited "see"
United States v. Jesus R. Garcia
See United States v. Read, 778 F.2d 1437, 1441 (9th Cir. 1985), cert. denied, 479 U.S. 835 (1986). 7 Garcia contends that the district court's finding that the statutory minimum sentence of 10 years applied to his sentence did not conform with his understanding of the plea agreement.
cited
Cited "see"
United States v. Ramon Dario Torres-Angulo, A/K/A Nicolas Ramirez
See United States v. Read, 778 F.2d 1437, 1440 (9th Cir.1985), cert. denied, 479 U.S. 835 (1986).
discussed
Cited "see"
United States v. Anthony Earl Luciow
See United States v. Read, 778 F.2d 1437, 1440 (9th Cir.1985), cert. denied, 479 U.S. 835 (1986). " 'Plea agreements are contractual in nature and are measured by contract law standards.' " United States v. De la Fuente, 8 F.3d 1333, 1337 (9th Cir.1993) (quoting United States v. Keller, 902 F.2d 1391, 1393 (9th Cir.1990)).
discussed
Cited "see"
Kaplan v. Prolife Action League of Greensboro
App. 264, 267 , 405 S.E.2d 214, 216 , disc. rev. denied, 329 N.C. 792 , 408 S.E.2d 528 (1991); see Azzolino v. Dingfelder, 315 N.C. 103, 113 , 337 S.E.2d 528, 535 (1985), cert. denied, 479 U.S. 835 , 93 L.Ed.2d 75 (1986), reh’g denied, 319 N.C. 227 , 353 S.E.2d 401 (1987).
cited
Cited "see"
United States v. Tamika Kennedy
See United States v. Read, 778 F.2d 1437, 1441 (9th Cir.1985) ("government will be held to the literal terms of the agreement"), cert. denied, 479 U.S. 835 (1986).
cited
Cited "see"
United States v. Gregory Leferrall Warren
See United States v. Read, 778 F.2d 1437, 1441-42 (9th Cir.1985), cert. denied, 479 U.S. 835 , 107 S.Ct. 131 , 93 L.Ed.2d 75 (1986).
discussed
Cited "see"
United States v. Joseph Lewis Ackerman, AKA Joseph Lewis Scala
See United States v. Read, 778 F.2d 1437, 1440 (9th Cir.1985), cert. denied, 479 U.S. 835 (1986). 9 Ackerman contends that he fulfilled his part of the plea bargain and that the government was thus obligated to file the motion for downward departure.
discussed
Cited "see"
United States v. Peter Paul Gallo
See United States v. Read, 778 F.2d 1437, 1440 (9th Cir.1985), cert. denied, 479 U.S. 835 (1986). 9 The defendant contends that he fulfilled his parts of the plea bargain and that the government was thus obligated to file the motion for downward departure.
cited
Cited "see"
United States v. Ryan Keith Turner
See United States v. Read, 778 F.2d 1437, 1440 (9th Cir.1985), cert. denied 479 U.S. 835 , 107 S.Ct. 131 (1986).
cited
Cited "see"
United States v. Hampton
See United States v. Crockett, 21 MJ 423 (CMA), cert. denied, 479 U.S. 835 , 107 S.Ct. 130 , 93 L.Ed.2d 74 (1986); accord United States v. Bennett, 12 MJ 463 (CMA 1982).
discussed
Cited "see"
Viccaro v. Milunsky
(2×)
See Azzolino v. Dingfelder, 315 N.C. 103, 111 (1985) (no recovery for postconception negligence allegedly leading to birth of child with Down’s syndrome), cert, denied, 479 U.S. 835 (1986) (four-to-three decision).
discussed
Cited "see, e.g."
Com. v. Neff, T.
United States v. Nelson, 837 F.2d 1519 , 1522 (11th Cir.), rehearing denied 845 F.2d 1032 (1988); see also United States v. Read, 778 F.2d 1437, 1441 (9th Cir. 1985) cert. denied 479 U.S. 835 , 107 S.Ct. 131 , 93 L.Ed.2d 75 (1986).
discussed
Cited "see, e.g."
State v. Wakefield
See also United States v. Read, 778 F.2d 1437, 1441 (9th Cir. 1985) ("Although the plea bargain is a matter of criminal jurisprudence, a plea bargain is contractual in nature and is measured by contract-law standards.”), cert. denied, 479 U.S. 835 , 107 S. Ct. 131 , 93 L.
discussed
Cited "see, e.g."
State v. Wakefield
See also United States v. Read, 778 F.2d 1437, 1441 (9th Cir.1985) ("Although the plea bargain is a matter of criminal jurisprudence, a plea bargain is contractual in nature and is measured by contract-law standards."), cert. denied, 479 U.S. 835 , 107 S.Ct. 131 , 93 L.Ed.2d 75 (1986).
discussed
Cited "see, e.g."
Commonwealth v. Kroh
United States v. Nelson, 837 F.2d 1519, 1522 (11th Cir.), rehearing denied 845 F.2d 1032 (1988); see also United States v. Read, 778 F.2d 1437, 1441 (9th Cir.1985) cert. denied 479 U.S. 835 , 107 S.Ct. 131 , 93 L.Ed.2d 75 (1986).
discussed
Cited "see, e.g."
United States v. Hall
United States v. Nelson, 837 F.2d 1519, 1522 (11th Cir.) rehearing denied 845 F.2d 1032 (1988); see also United States v. Read, 778 F.2d 1437, 1441 (9th Cir.1985) cert. denied 479 U.S. 835 , 107 S.Ct. 131 , 93 L.Ed.2d 75 (1986).
discussed
Cited "see, e.g."
United States v. Marc R. Shapiro
See, e.g., United States v. Read, 778 F.2d 1437 (9th Cir.1985) (prosecutor’s failure to comply with terms of plea agreement can render plea involuntary), cert. denied, 479 U.S. 835 , 107 S.Ct. 131 , 93 L.Ed.2d 75 (1986); United States v. Travis, 735 F.2d 1129 (9th Cir.1984) (when attorney represents the government of the United States and makes a promise of this kind, he must keep it.) 2 .
discussed
Cited "see, e.g."
Ramee Jamal Shah, Aka: Eddie Harris, Jr. v. United States
“It is well-established that a defendant has no right to withdraw his guilty plea_” Signori, 844 F.2d at 637 ; see also United States v. Rios-Ortiz, 830 F.2d 1067, 1069 (9th Cir.1987) (Rios-Ortiz)) United States v. Read, 778 F.2d 1437, 1440 (9th Cir.1985) (Read), cert. denied, 479 U.S. 835 , 107 S.Ct. 131 , 93 L.Ed.2d 75 (1986).
discussed
Cited "see, e.g."
United States v. Marc R. Shapiro
See, e.g., United States v. Read, 778 F.2d 1437 (9th Cir.1985) (prosecutor’s failure to comply with terms of plea agreement can render plea involuntary), cert. denied, 479 U.S. 835 , 107 S.Ct. 131 , 93 L.Ed.2d 75 (1986); United States v. Travis, 735 F.2d 1129 (9th Cir.1984) (when attorney represents the government of the United States and makes a promise of this kind, he must keep it.) 2 .
discussed
Cited "see, e.g."
United States v. Arruza
See also United States v. Crockett, 21 M.J. 423 (C.M.A.), cert. denied, 479 U.S. 835 , 107 S.Ct. 130 , 93 L.Ed.2d 74 (1986), where Chief Judge Everett, writing for the Court, held that witnesses who lived in Florida and refused invitational travel orders to attend trial were “unavailable” for purposes of determining admissibility of their videotaped depositions; and because accused and his defense counsel were present and had an opportunity to object to testimony offered on direct examination and to cross-examine the witnesses, use of videotaped depositions did not deprive the accused of h…
Retrieving the full opinion text from the archive…
Flowers
v.
Coughlin, Commissioner, New York State Department of Corrections
v.
Coughlin, Commissioner, New York State Department of Corrections
No. 85-6957.
Supreme Court of the United States.
Oct 6, 1986.
Published
Citer courts: Nevada Supreme Court (1)
C. A. 2d Cir. Certiorari denied.