Rainwater Law Group

Effective Criminal Defense

Fox v. Johnson, No. 13-56704 [August 8, 2016]

Fox v. Johnson

Fox initially entered a plea to second-degree murder and was sentenced to 15 years to life. After withdrawing her plea and proceeding to trial, she was convicted of first-degree murder and sentencing to life without the possibility of parole. On habeas, she sought specific performance of an alleged plea agreement in which the state promised her a term of imprisonment no greater than seven and one-half years in exchange for her plea. The Court held that because she chose in the state habeas proceeding to seek vacation of her conviction, rather than specific performance of the purported plea agreement, she had no due process right to specific performance in the rescinded agreement.

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