U.S. v. Hawkins, No. 79-CR-50007-JFL (S.D.Ill.) (973 F.Supp. 825) (March 25, 1997) (Judge James L. Foreman)
Loaded on Oct. 1, 1997
published in Punch and Jurists
October 27, 1997
Filed under:
Punch And Jurists,
Knowingly and Voluntarily Made.
Although the courts often reiterate the concept that plea agreements are essentially contracts and they are therefore governed by principles of contract law, there has always been an inexplicable dichotomy between criminal law and commercial law when it comes to determining whether the contract was entered into voluntarily. Under …
Full article and associated cases available to subscribers.
As a digital subscriber to Punch and Jurists, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- U.S. v. Sutton, No. 96-469(WGB) (D.N.J.) (973 F.Supp. 488) (July 22, 1997) (Judge William G. Bassler)
- U.S. v. Melius, No. 97-1237 (8th Cir.) (123 F.3d 1134) (September 9, 1997) (Judge Gary A. Fenner)
- U.S. v. Wilson, No. CR-93-48-A (W.D.Okla.) (973 F.Supp. 1031) (September 10, 1997) (Judge Wayne E. Alley)
- U.S. v. Stokes, No. 97-1118 (1st Cir.) (124 F.3d 39) (August 22, 1997) (Judge Bruce M. Selya)
- Benjamin v. Jacobson, No. 96-7957, No. 928 (2nd Cir.) (124 F.3d 162) (August 26, 1997) (Judge Guido Calabresi)
- Gavin v. Branstad, No. 96-3746 (8th Cir.) (122 F.3d 1081) (August 5, 1997) (Judge Pasco M. II Bowman)
- Curtis v. Duval, No. 96-1976 (1st Cir.) (124 F.3d 1) (August 13, 1997) (Judge Bruce M. Selya)
- U.S. v. Wilson, No. CR-93-48-A (W.D.Okla.) (973 F.Supp. 1031) (September 10, 1997) (Judge Wayne E. Alley)
- Ashmus v. Calderon, No. 96-16141 (9th Cir.) (123 F.3d 1199) (August 18, 1997) (Judge David R. Thompson)
- U.S. v. Bart, No. SA-94-CR-244 (W.D.Tex.) (973 F.Supp. 691) (August 27, 1997) (Judge Samuel F. Jr. Biery)
- In Re Hanserd, No. 96-8051 (6th Cir.) (123 F.3d 922) (August 25, 1997) (Judge Karen Nelson Moore)
- In Re Grand Jury Subpoenas, No. 97-1002 (1st Cir.) (123 F.3d 695) (August 13, 1997) (Judge Juan R. Torruella)
- U.S. v. Melius, No. 97-1237 (8th Cir.) (123 F.3d 1134) (September 9, 1997) (Judge Gary A. Fenner)
- Benjamin v. Jacobson, No. 96-7957, No. 928 (2nd Cir.) (124 F.3d 162) (August 26, 1997) (Judge Guido Calabresi)
- U.S. v. Bart, No. SA-94-CR-244 (W.D.Tex.) (973 F.Supp. 691) (August 27, 1997) (Judge Samuel F. Jr. Biery)
- Taylor v. State of Ariz., No. Civ 72-21 PHX RCB (D.Ariz.) (972 F.Supp. 1239) (March 21, 1997) (Judge Robert C. Broomfield)
- U.S. v. Bart, No. SA-94-CR-244 (W.D.Tex.) (973 F.Supp. 691) (August 27, 1997) (Judge Samuel F. Jr. Biery)
- U.S. v. Stokes, No. 97-1118 (1st Cir.) (124 F.3d 39) (August 22, 1997) (Judge Bruce M. Selya)
- Gavin v. Branstad, No. 96-3746 (8th Cir.) (122 F.3d 1081) (August 5, 1997) (Judge Pasco M. II Bowman)
- U.S. v. Hawkins, No. 79-CR-50007-JFL (S.D.Ill.) (973 F.Supp. 825) (March 25, 1997) (Judge James L. Foreman)
- In Re Hanserd, No. 96-8051 (6th Cir.) (123 F.3d 922) (August 25, 1997) (Judge Karen Nelson Moore)
- U.S. v. Stokes, No. 97-1118 (1st Cir.) (124 F.3d 39) (August 22, 1997) (Judge Bruce M. Selya)
- Taylor v. State of Ariz., No. Civ 72-21 PHX RCB (D.Ariz.) (972 F.Supp. 1239) (March 21, 1997) (Judge Robert C. Broomfield)
- U.S. v. Ross, No. 95-50282 (9th Cir.) (123 F.3d 1181) (August 21, 1997) (Judge Robert Boochever)
More from these topics:
- SCOTUS Announces Appeal Waivers in Plea Agreements Unenforceable When Enforcement Would Produce a Miscarriage of Justice, Adopting Majority Circuit Approach, July 1, 2026. Involuntary Treatment/Drugging, Knowingly and Intelligently, Preservation of Appellate Rights/Issues, Special Conditions, Knowingly and Voluntarily Made, Validity of.
- Supreme Court of Appeals of West Virginia Announces Six-Factor Test for Evaluating Presentence Motions to Withdraw Guilty Pleas Under Rule 32(e), Holds Binding Plea Agreement Does Not Extinguish Defendant’s Ability to Seek Withdrawal, July 1, 2026. Knowingly and Voluntarily Made, Withdrawal, Grounds For Withdrawal, Acceptance/Rejection by the Court, Validity of.
- Minnesota Supreme Court Announces Heightened Voluntariness Inquiry Required for Contingent Guilty Pleas and Holds Plea Withdrawal Is the Proper Remedy When District Court Fails to Probe Coercion Risk, June 1, 2026. Failure to Object, Knowingly and Voluntarily Made, Grounds For Withdrawal, Acceptance/Rejection by the Court.
- Colorado Limits the Use of Faulty Field Drug Tests, May 1, 2026. Forensic Sciences, Drugs - Determination of, Evidence - Integrity/Reliability of, Drug Laws/Offenses, Knowingly and Voluntarily Made.
- Ninth Circuit Remands California Prisoner’s Case in which No Contest Plea Was Admitted as Evidence of Guilt, Dec. 1, 2025. 42 U.S. Code § 1983, civil action for deprivation of rights, Favorable Disposition, Evidence - Admissibility, Admissions, Knowingly and Voluntarily Made.
- California Court of Appeal Reverses Superior Court’s Denial of Motion to Vacate Conviction Where Defendant Established His Failure to Understand the Immigration Consequences of Plea, Oct. 15, 2025. Mental Health, Failure to Address/Advise Defendant, Aggravated Felony, Asylum, Knowingly and Voluntarily Made.
- Massachusetts Supreme Judicial Court Clarifies Trial Court Must Conduct Inquiry Whether Defendant Knowingly and Voluntarily Waived Right to Counsel at ‘Any Stage of a Case,’ Including Arraignment or Plea Hearing, Feb. 1, 2025. Counsel - Right to, Knowingly and Voluntarily Made.
- Mississippi Supreme Court: Defendant’s Guilty Plea Not Knowing and Voluntary Because He Was Not Informed of His Habitual Offender Status, Dec. 1, 2024. Resentencing, De Facto Career Offender, Knowingly and Voluntarily Made.
- Tenth Circuit: Counsel Advising Black Defendant No Minorities Would Be on Jury Is Material Misrepresentation About Right to Impartial Jury Rendering Guilty Plea Unknowing and Involuntary, Aug. 1, 2024. Juries - Fair and Impartial, Racial Bias Exception, Knowingly and Voluntarily Made.
- First Circuit: Defendant Did Not Understand Consequences of Guilty Plea Because District Court and Counsel Led Him to Reasonably Believed Plea Agreement Would Result in Sentence Below Applicable Mandatory Minimum, June 15, 2024. Consequences of Plea, Awareness of Consequences, Credits, Knowingly and Voluntarily Made.