Legal Opinion · Dissent

State ex rel. E.C.

Supreme Court of Louisiana

Decided June 13, 2014No. 2013-CK-2483Published

1DissentWeimer, J.

liThe majority essentially holds that the defendant received the benefit of a plea bargain, but without the defendant fulfilling his end of the bargain. Because I find the majority has given insufficient deference to the juvenile court’s findings and has negated the early release provisions of the plea bargain, I respectfully dissent.

The enforcement of a plea bargain, the majority correctly acknowledges, requires a court to “refer first to the law of contracts,” but a “criminal defendant’s constitutional right to fairness may be broader than his or her rights under contract laws.” State v.…

2Cases cited5 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. Ricketts v. AdamsonSupreme Court of the United States · 1987
  3. State v. LouisSupreme Court of Louisiana · 1994
  4. State v. StevensonLouisiana Court of Appeal · 2010
  5. State ex rel. E.C.Supreme Court of Louisiana · 2014

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API