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High Court Takes Up Federal Plea Bargaining Case

As predicted, the US Supreme Court issued a brief orders list following its conference today.  The one criminal case taken up is United States v. Davila, No. 12-167.  The Question Presented as stated in the government's certiorari petition is:

Whether the court of appeals erred in holding that any degree of judicial participation in plea negotiations, in violation of Federal Rule of Criminal Procedure 11(c)(1), automatically requires vacatur of a defendant's guilty plea, irrespective of whether the error prejudiced the defendant.
As this is an FRCrP question rather than a constitutional question, it will likely have little direct impact on state criminal cases.  The Eleventh Circuit's opinion is appended to the certiorari petition, linked above.

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