Legal Opinion
Bercheny v. Johnson
District Court, E.D. Michigan
Decided January 21, 1980No. 78-71471PublishedCited by 3 opinions
1Opinion of the Court
COHN, District Judge.
Before the Court is a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner claims a deprivation of his 14th Amendment rights because of a breach of a plea agreement which he entered into with the Prosecuting Attorney of Oakland County, Michigan as an inducement to enter a guilty plea. Respondent has moved to dismiss (Fed.R.Civ.P. 12(b)(6)) or, in the alternative, for summary judgment (Fed.R. Civ.P. 56(b)).
Petitioner is currently serving a term of 18 to 40 years on his plea of guilty to a charge of assault with intent to commit murder with a weapon…
2Cases cited20 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Santobello v. New YorkSupreme Court of the United States · 1971
- Blackledge v. AllisonSupreme Court of the United States · 1977
- Carnley v. CochranSupreme Court of the United States · 1962
- Weatherford v. BurseySupreme Court of the United States · 1977
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3Cited by3 opinions
- Atlantic Richfield Co. v. Monarch Leasing Co.Court of Appeals for the Sixth Circuit · 1996
- Smith v. AndersonDistrict Court, E.D. Michigan · 1980
- Atlantic Richfield Company v. Monarch Leasing CompanyCourt of Appeals for the Sixth Circuit · 1996