What is the effect of a "chance remark" by the trial judge on a motion to reduce sentence?
MultiRegion, United States of America
The following excerpt is from Dillon v. United States, 307 F.2d 445 (9th Cir. 1962):
But, state the majority, a chance remark by the trial judge, made on the motion to reduce sentence, raises several questions. They first "assume" that the Assistant United States Attorney knew
[307 F.2d 452]
in advance of the trial date who the sentencing judge was to be; they think it "unlikely" that an Assistant United States Attorney would be unaware of a judge's practice in respect to asking of recommendations as to length of sentence; and based on these "facts" state it is "possible" there existed an illusory agreement on the part of the Assistant United States Attorney. This constitutes the "deceit" by which the majority invoke Walker v. Johnston, 1941, 312 U.S. 275, 286, 61 S.Ct. 574, 85 L.Ed. 830 and if the "promise" (found not to exist) was not intended to be kept (the evidence was that the Assistant United States Attorney did precisely what he stated he would do) then the majority rely on violation of due process, and the cases cited in note 15. Thus the majority are back to an alleged lack of due process, which they originally state they do not rely upon.[307 F.2d 452]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
What is the burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing? (MultiRegion, United States of America)
Is a motion for a continuance granted by the trial court on the date of trial on the basis that the trial judge abused his discretion to grant the motion? (MultiRegion, United States of America)
When will a trial judge override a motion to dismiss a motion that would have allowed evidence of sexual assault to be used in the trial? (MultiRegion, United States of America)
Is a defendant's sentence reduced de novo because it was based on a sentencing range that was subsequently reduced by the sentencing commission? (MultiRegion, United States of America)
Does the trial judge erred in denying a post-trial motion for a new trial based upon alleged violations of sequestration order by members of the jury or marshals assigned to supervise the jury? (MultiRegion, United States of America)
What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion? (MultiRegion, United States of America)
What is the effect of a denial of a motion to reduce sentence under Rule 35? (MultiRegion, United States of America)
In what circumstances will a sentencing judge impose a non-Guidelines sentence or Guidelines sentence? (MultiRegion, United States of America)
What facts have been adduced at trial and relied on by the sentencing judge at the sentencing hearing? (MultiRegion, United States of America)
