Opinion · Supreme Court of the United States
Ricketts v. Adamson
Ricketts v. Adamson, 97 L. Ed. 2d 1 (1987)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1987-06-22
- Topic
- general
concluding that the right against double jeopardy is not implicated where the defendant enters into a plea bargain | holding that "the construction of the plea agreement and the concomitant obligations flowing therefrom are, within broad bounds of reasonableness, matters of state law" | holding that defendant waived double-jeopardy defense by knowingly and voluntarily entering into a plea agreement and subsequently breaching agreement | holding that “the construction of the plea agreement and the concomitant obligations flowing therefrom are, within broad bounds of reasonableness, matters of state law” | holding that the interpretation of state plea agree- ments is a matter of state law | concluding that the right 24 against double jeopardy is not implicated where the defendant enters into a plea bargain | holding that “the construction of the plea agreement and the concomitant obligations flowing therefrom are, within broad bounds of reasonableness, matters of state law” | holding that the interpretation of a state court plea agreement is, “within broad bounds of reasonableness, [a] matter[] of state law” | holding that the interpretation of state plea agreements is a matter of state law | holding that jeopardy attaches “at least” when defendant who pleads guilty has been sentenced | holding that a defendant's guilty plea waived his double jeopardy claim | holding that a defendant’s guilty plea waived his double jeopardy claim | stating that the Court “may assume that jeopardy attached at least when respondent was sentenced ... on his plea of guilty” | stating that the Court “assume[d] that jeopardy attached at least when respondent was sentenced ... on his plea of guilty.” | concluding double jeopardy clause is not implicated where defendant enters a plea bargain | holding that a defendant may waive double jeopardy protections | stating that under Arizona law second degree murder is lesser included offense of first degree murder, so Double Jeopardy Clause would bar prosecution for both, absent special circumstances | concluding double jeopardy clause is not implicated where defendant enters a plea bargain | concluding double jeopardy clause is not implicated where defendant enters a plea bargain | noting that probation conditions are permissible when they “assure that 2 the probation serves as a period of genuine rehabilitation and that the community is not 3 harmed by the probationer’s being at large.” | holding double jeopardy bar on subsequent prosecution did not apply, even after defendant had been sentenced, when he breached conditions of his guilty plea and refused to testify for a second time at codefendants’ retrial for murder | noting that a plea agreement is a bargained-for exchange | noting that a plea agreement is a bargained-for exchange | rejecting double jeopardy argument where the government initiated second prosecution after the defendant breached a plea agreement | approving plea agreements as bargained-for exchanges, citing Mabry v. Johnson, 467 U.S. 504, 508, 104 S.Ct. 2543, 81 L.Ed.2d 437 (1984) | affirming Arizona court’s conviction of defendant for first-degree murder after he had been sentenced for lesser offense pursuant to plea agreement but refused to testify at codefendants’ retrial | affirming Arizona court’s conviction of defendant for first-degree murder after he had been sentenced for lesser offense pursuant to plea agreement but refused to testify at codefendants’ retrial | upholding defendant's waiver of double jeopardy protection in plea agreement exchanging testimony for dismissal of known greater charge, where such waiver would only occur if defendant later decided, as he did, to breach voluntarily the plea agreement | upholding defendant’s waiver of double jeopardy protection in plea agreement exchanging testimony for dismissal of known greater charge, where such waiver would only occur if defendant later decided, as he did, to breach voluntarily the plea agreement | holding double jeopa
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- 198 opinions
delivered the opinion of the Court.
The question for decision is whether the Double Jeopardy Clause bars the prosecution of respondent for first-degree murder following his breach of a plea agreement under which he had pleaded guilty to a lesser offense, had been sentenced, and had begun serving a term of imprisonment. The Court of Appeals for the Ninth Circuit held that the prosecution of respondent violated double jeopardy principles and directed the issuance of a writ of habeas corpus. We reverse.
In 1976, Donald Bolles, a reporter for the Arizona Republic, was fatally injured when a dynamite bomb exploded underneath his car. Respondent was arrested and charged with first-degree murder in connection with Bolles’ death. Shortly after his trial had commenced, while jury selection was underway, respondent and the state prosecutor reached an agreement whereby respondent agreed to plead guilty to a charge of second-degree murder and to testify against two other individuals — Max Dunlap and James Robison — who were allegedly involved in Bolles’ murder. Specifically, respondent agreed to “testify fully and completely in any Court, State or Federal, when requested by proper authori
The State sought respondent’s cooperation and testimony in preparation for the retrial of Dunlap and Robison. On April 3, 1980, however, respondent’s counsel informed the prosecutor that respondent believed his obligation to provide testimony under the agreement had terminated when he \yas sentenced. Respondent would again testify against Dunlap and Robison only if certain conditions were met, including, among others, that the State release him from custody following the retrial. 789 F. 2d, at 733.2 The State then
On May 8, 1980, the State filed a new information charging respondent with first-degree murder. Respondent’s motion to quash the information on double jeopardy grounds was denied. Respondent challenged this decision by a special action in the Arizona Supreme Court. That court, after reviewing the plea agreement, the transcripts of the plea hearing and the sentencing hearing, respondent’s April 3 letter to the state prosecutor, and the prosecutor’s April'9 response to that letter, held with “no hesitation” that “the plea agreement contemplates availability of [respondent’s] testimony whether at trial or retrial after reversal,” Adamson v. Superior Court of Arizona, 125 Ariz. 579, 583, 611 P. 2d 932, 936 (1980), and that respondent “violated the terms of the plea agreement.” Ibid.3 The court also rejected respondent’s
After these rulings, respondent offered to testify at the retrials, but the State declined his offer. Respondent sought federal habeas relief, arguing that the Arizona Supreme Court had misconstrued the terms of the plea agreement. The District Court dismissed his petition, the Court of Appeals for the Ninth Circuit affirmed, Adamson v. Hill, 667 F. 2d 1030 (1981), and we denied respondent’s petition for a writ of certiorari. 455 U. S. 992 (1982).
Respondent was then convicted of first-degree murder and sentenced to death. The judgment was affirmed on direct appeal, State v. Adamson, 136 Ariz. 250, 665 P. 2d 972, and we denied certiorari. 464 U. S. 865 (1983). Respondent sought federal habeas corpus for the second time, asserting a number of claims relating to his trial and sentence. The District Court dismissed the petition; a Court of Appeals panel affirmed. 758 F. 2d 441 (1985). The Court of Appeals went en banc, held that the State had violated respondent’s rights under the Double Jeopardy Clause, and directed the issuance of a writ of habeas corpus. The en banc opinion reasoned that respondent had not waived his double jeopardy rights by entering into the plea agreement, asserting that “[i]t may well be argued that the only manner in which [respondent] could have made an intentional relinquishment of a known double jeopardy right would be by waiver ‘spread on the record’ of the court after an adequate explanation.” 789 F. 2d, at 728 (citing Boykin v. Alabama, 395 U. S. 238, 242 (1969)). Even if double jeopardy rights could be waived by implication, no such waiver occurred here since “[a]greeing
We may assume that jeopardy attached at least when respondent was sentenced in December 1978, on his plea of guilty to second-degree murder. Assuming also that under Arizona law second-degree murder is a lesser included offense of first-degree murder, the Double Jeopardy Clause, absent special circumstances,4 would have precluded prosecution of respondent for the greater charge on which he now stands convicted. Brown v. Ohio, 432 U. S. 161, 168 (1977). The State submits, however, that respondent’s breach of the plea arrangement to which the parties had agreed removed the double jeopardy bar to prosecution of respondent on the first-degree murder charge. We agree with the State.
The agreement specifies in two separate paragraphs the consequences that would flow from respondent’s breach of his promises. Paragraph 5 provides that if respondent refused to testify, “this entire agreement is null and void and the original charge will be automatically reinstated.” Ibid, (emphasis added). Similarly, Paragraph 15 of the agreement states that “[i]n the event this agreement becomes null and void, then the parties shall be returned to the positions they were in before this agreement.” Id., at 732. Respondent unquestionably understood the meaning of these provisions. At the plea hearing, the trial judge read the plea agreement to respondent, line by line, and pointedly asked respondent whether he understood the provisions in Paragraphs 5 and 15. Respondent replied “Yes, sir,” to each question. App. 23-24, 28-29. On this score, we do not find it significant, as did the Court of Appeals, that “double jeopardy” was not specifically waived by name in the plea agreement. Nor are we persuaded by the court’s assertion that “[ajgreeing that charges may be reinstituted ... is not equivalent to agreeing
We are also unimpressed by the Court of Appeals’ holding that there was a good-faith dispute about whether respondent was bound to testify a second time and that until the extent of his obligation was decided, there could be no knowing and intelligent waiver of his double jeopardy defense. But respondent knew that if he breached the agreement he could be retried, and it is incredible to believe that he did not anticipate that the extent of his obligation would be decided by a court. Here he sought a construction of the agreement in the Arizona Supreme Court, and that court found that he had failed to live up to his promise. The result was that respondent was returned to the position he occupied prior to execution of the plea bargain: he stood charged with first-degree murder. Trial on that charge did not violate the Double Jeopardy Clause. United States v. Scott, 437 U. S. 82 (1978), supports this conclusion.
Respondent cannot escape the Arizona Supreme Court’s interpretation of his obligations under the agreement. The State did not force the breach; respondent chose, perhaps for strategic reasons or as a gamble, to advance an interpretation of the agreement that proved erroneous. And, there is no indication that respondent did not fully understand the potential seriousness of the position he adopted. In the April 3 letter, respondent’s counsel advised the prosecutor
Finally, it is of no moment that following the Arizona Supreme Court’s decision respondent offered to comply with the terms of the agreement. At this point, respondent’s second-degree murder conviction had already been ordered vacated and the original charge reinstated. The parties did not agree that respondent would be relieved from the consequences of his refusal to testify if he were able to advance a colorable argument that a testimonial obligation was not owing. The parties could have struck a different bargain, but permitting the State to enforce the agreement the parties actually made does not violate the Double Jeopardy Clause.
The judgment of the Court of Appeals is reversed.
It is so ordered.
The agreement further provided that, in the event respondent refused to testify, he “will be subject to the charge of Open Murder, and if found guilty of First Degree Murder, to the penalty of death or life imprisonment requiring mandatory twenty-five years actual incarceration, and the State shall be free to file any charges, not yet filed as of the date of this agreement.” 789 F. 2d, at 731.
Respondent’s other conditions — which he characterized as “demands”— included that he be held in a nonjail facility with protection during the retrials, that he be provided with new clothing, that protection be afforded
The Arizona Supreme Court noted that at oral argument respondent explained for the first time the basis for his refusal to testify. Respondent relied on Paragraph 8 of the plea agreement, which provides: “All parties to this agreement hereby waive the time for sentencing and agree that the defendant will be sentenced at the conclusion of his testimony in all of the eases referred to in this agreement. . . .” In rejecting respondent’s con
See, e. g., Ohio v. Johnson, 467 U. S. 493 (1984); Jeffers v. United States, 432 U. S. 137, 152 (1977) (plurality).
We have observed that plea agreements are neither constitutionally compelled nor prohibited; they “are consistent with the requirements of voluntariness and intelligence — because each side may obtain advantages when a guilty plea is exchanged for sentencing concessions, the agreement is no less voluntary than any other bargained-for exchange.” Mabry v. Johnson, 467 U. S. 504, 508 (1984).