BORDENKIRCHER v. HAYES

No. 76-1334.

434 U.S. 357 (1978)

BORDENKIRCHER, PENITENTIARY SUPERINTENDENT v. HAYES.

Supreme Court of United States.

Decided January 18, 1978.


Attorney(s) appearing for the Case

Robert L. Chenoweth, Assistant Attorney General of Kentucky, argued the cause for petitioner. With him on the brief was Robert F. Stephens, Attorney General.

J. Vincent Aprile II argued the cause and filed a brief for respondent.*


MR. JUSTICE STEWART delivered the opinion of the Court.

The question in this case is whether the Due Process Clause of the Fourteenth Amendment is violated when a state prosecutor carries out a threat made during plea negotiations to reindict the accused on more serious charges if he does not plead guilty to the offense with which he was originally charged.

I

The respondent, Paul Lewis Hayes, was indicted...

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