skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 156478 Find in a Library
Title: Delivering Justice to Defendants With Unenforceable Plea Bargains
Journal: Maryland Law Review  Volume:54  Issue:3  Dated:(1995)  Pages:761-775
Author(s): L L Swartz
Date Published: 1995
Page Count: 15
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: In State v. Parker, the Maryland Court of Appeals misconstrued recent case law and ignored more recent trends in holding that a defendant's plea agreement that promised prison service in a Federal penitentiary was unenforceable because the State sentencing judge lacked the authority to order the prison service of a Maryland sentence in the Federal system.
Abstract: The case involved a murder. Parker entered into a plea bargain providing that if he pleaded guilty to second-degree murder, testified against co-conspirators, and pleaded guilty to one unrelated count of Federal bank robbery, the State would recommend that he serve his time in the Federal penitentiary, that the sentence not be more than 20 years, and that it be served concurrently to any Federal sentence resulting form the plea bargain. Parker was paroled after 7 years, taken into custody by the Baltimore County Police Department, and sought release from the balance of his Maryland sentence. Because it would be impossible to return the defendant in Parker to the status quo ante, the court should have provided an effective equivalent of specific performance and vacated the remainder of the defendant's sentence. Such a remedy would have fulfilled the requirement of fairness as well as respected the terms of the plea agreement and preserved the defendant's constitutional rights. Footnotes
Main Term(s): Court procedures
Index Term(s): Appellate court decisions; Maryland; Offense characteristics; Plea negotiations
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=156478

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.