Tuesday, January 25, 2005

Buckley v. Terhune

No. 03-55045 (1-25-05). The petitioner's relief granted by the district court was reversed. The 9th (Trott) held that petitioner knew the terms of the plea, which could be 15 to life, and that he wasn't promised a set 15 years. The state courts findings must be given deference. Bea, dissenting, argues that the majority focuses on the subjective intent of one of the parties rather than on the objective criteria as required by state law. the objective criteria indicates that there was an ambiguity, and it must be construed in favor of petitioner.


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