Stewart v. Cupp

Recently the United States Supreme Court held the practice of plea bargaining to be an “essential” and “desirable” part of the administration of criminal justice when “properly administered.” Santobello v. New York, 404 US 257, 92 S Ct 495, 30 L Ed 2d 427, 432 (1971). One element of proper administration is:

“* * * [W]hen a plea [of guilty] rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be part of the inducement or consideration, such promise must be fulfilled.” Santobello v. New York, supra, 404 US at 262.

Petitioner’s appeal in this…