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November 13, 2008

Ninth Circuit rocks while reviewing conditional plea efforts

A decision by the Ninth Circuit today in In re: Gallaher, No. 07-74593 (9th Cir. Nov. 13, 2008) (available here) is blogworthy in part because it reviews some intricate procedural issues.  But the ruling's openning paragraph also provides a good excuse for linking to this great clip of a great classic song as part of the great soundtrack of a great classic movie.  Here is that paragraph:

In the classic words of the Rolling Stones, “You can’t always get what you want.” The Rolling Stones, You Can’t Always Get What You Want, on Let It Bleed (Decca Records 1969).  A defendant who chooses to take a conditional plea cannot always assume the court will grant its consent.  And, a district court that wants to review a defendant’s Presentence Report (PSR) cannot do so until the defendant has granted his consent or entered a plea.  Consequently, we are forced to disappoint both the district court and the petitioner in this appeal.  Because the district court exercised its discretion to deny its consent to Gallaher’s conditional plea, the petition for a writ of mandamus must be denied.  However, because the district court erred by prematurely reviewing Gallaher’s PSR, we remand for further proceedings, and reassign this case to a new judge to consider de novo whether to accept Gallaher’s conditional plea.

November 13, 2008 at 01:36 PM | Permalink


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