CRIMINAL PROCEDURE - FEDERAL RULES OF CRIMINAL PROCEDURE - RULE 11 STATEMENTS CONCERNING VOLUNTARINESS OF GUILTY PLEA NOT CONCLUSIVE AGAINST CONTRADICTORY PETITION FOR POST-CONVICTION RELIEF UNDER 28 USC @ 2255

• NCJ Number: 39248
• Journal: Vanderbilt Law Review Volume: 29 Issue: 6 Dated: (NOVEMBER 1976) Pages: 1449-1463
• Author(s): T BROWN
• Date Published: 1976
• Length: 15 pages
• Corporate Author: Vanderbilt University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF A FEDERAL COURT DECISION IN MAYES V PICKETT (1976) CONCERNING THE CONCLUSIVE NATURE OF STATEMENTS MADE BY THE ACCUSED AT A RULE 11 HEARING AGAINST CONTRADICTORY ALLEGATIONS IN A POSTCONVICTION MOTION.

Abstract

RULE 11 OF THE FEDERAL RULES OF CRIMINAL PROCEDURE REQUIRES THAT NEGOTIATED PLEAS BE ACCEPTED ONLY WHEN VOLUNTARILY AND KNOWINGLY ENTERED BY THE DEFENDANT. IN DEFENDANT MAYES' RULE 11 TRIAL TO DETERMINE VOLUNATRINESS OF PLEA, EXTENSIVE QUESTIONING OF THE DEFENDANT BY THE PRESIDING JUDGE SATISFIED THE COURT AS TO THE VOLUNTARY NATURE OF HIS GUILTY PLEA. AN APPEAL TO THE US DISTRICT COURT DENIED A SUBSEQUENT MOTION TO VACATE SENTENCE DUE TO COERCION THROUGH THE USE OF THREATS TO THE DEFENDANT'S PREGNANT WIFE AND UNKEPT PROMISES OF A REDUCED SENTENCE IN EXCHANGE FOR THE PLEA OF GUILTY. THE US COURT OF APPEALS HELD THAT STATEMENTS CONCERNING THE VOLUNTARY NATURE OF A GUILTY PLEA MADE BY AN ACCUSED AT A RULE 11 HEARING ARE NOT CONCLUSIVE AGAINST SUBSEQUENT CONTRADICTORY ALLEGATIONS MADE IN A MOTION PURSUANT TO A FEDERAL POSTCONVICTION RELIEF STATUTE. THE AUTHOR EXAMINES PREVIOUS FEDERAL CASE LAW DEALING WITH MOTIONS TO VACATE SENTENCES AND ANALYZES THE REASONING BEHIND THE HOLDING WILL INCREASE FILINGS UNDER 28 USC SECTION 2255 AND UNDERMINE THE GOAL OF A FINAL DETERMINATION OF VOLUNTARINESS AT A RULE 11 HEARING. HE SUGGESTS ADOPTION OF A STANDARD TO GOVERN THE CONCLUSIVENESS OF RULE 11 TESTIMONY....EB