Michael Cuero v. Matthew Cate

The panel majority opinion speaks for itself. I respectfully suggest that there is no need for the dissent’s “the sky is falling” rhetoric. This is the rare case where the state court’s decision was contrary to then-clearly established Supreme Court law governing guilty pleas induced by agreements with the prosecutor. It is no wonder that a majority of our active judges declined to rehear this simple appeal en banc.

I

On October 18, 2005, the San Diego County District Attorney’s Office filed a criminal complaint against Cuero. The complaint, as amended, charged Cuero with two felonies, causing…