CARWILE v. SMITH

No. 88-5920.

874 F.2d 382 (1989)

Felix L. CARWILE, Petitioner-Appellant, v. Steve SMITH, Warden, et al., Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 15, 1989.

As Amended on Denial of Rehearing June 26, 1989.


Attorney(s) appearing for the Case

J. David Niehaus, Public Defender (argued), Louisville, Ky., for petitioner-appellant.

John Gillig (argued), and Elizabeth Marshall, Asst. Attys. Gen., Office of the Atty. Gen., Frankfort, Ky., for respondents-appellees.

Before MERRITT and NELSON, Circuit Judges, and LIVELY, Senior Circuit Judge.


DAVID A. NELSON, Circuit Judge.

The question posed in this habeas corpus case is whether the Due Process Clause of the United States Constitution was violated by the refusal of a Kentucky trial judge to let a criminal defendant withdraw a guilty plea after the judge had rejected a sentencing recommendation made by the prosecutor pursuant to a plea bargain. A majority of states do not give the trial judge discretion to disallow withdrawal of a guilty plea in these...

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