BRADY V. UNITED STATES 397 U.S. 742 (1970) CASE BRIEF

BRADY V. UNITED STATES
397 U.S. 742 (1970)
NATURE OF THE CASE: This was a suit for relief under 28 U.S.C. 2255, claiming that a plea of guilty was not voluntarily given.
FACTS: Petitioner was charged with kidnapping and because of the harm to the victim; he faced a maximum penalty of death. Petitioner made no serious attempt to reduce the possibility of a death penalty by waiving a jury trial. Upon learning that his codefendant, who had confessed to the authorities, would plead guilty and be available to testify against him, petitioner changed his plea to guilty. His plea was accepted after the trial judge twice questioned him as to the voluntariness of his plea. He was sentenced to 50 years' imprisonment, later reduced to 30. Eight years later, Petitioner sought relief under 28 U.S.C. 2255, claiming that his plea of guilty was not voluntarily given because 1201(a) operated to coerce his plea, because his counsel exerted impermissible pressure upon him, and because his plea was induced by representations with respect to reduction of sentence and clemency. It was also alleged that the trial judge had not fully complied with Rule 11 of the Federal Rules of Criminal Procedure. The District Court denied relief, held that 1201(a) was constitutional, and found that petitioner decided to plead guilty when he learned that his codefendant was going to plead guilty. He pled guilty 'by reason of other matters and not by reason of the statute' or because of any acts of the trial judge. The Tenth Circuit affirmed. Petitioner claims that United States v. Jackson, 390 U. S. 570 (1968), requires reversal of that holding.

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LEGAL ANALYSIS:





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