8-14-2011 California:
In the 9th Cir case of Doe -v- Harris, Doe raises a question concerning his plea bargain:
Whether, under California law, the default rule of contract interpretation is (a) that the law in effect at the time of a plea agreement binds the parties, or (b) that the terms of a plea agreement may be affected by changes in law.Doe brought suit against then-Attorney General Brown under 42 U.S.C. § 1983, alleging a violation of his due process right to have his plea agreement honored. (See case in lower court) Specifically, Doe claims that his inclusion in the public sex offender website violated the State’s implicit promise that he would not be subject to future amendments to section 290’s confidentiality requirement.
Accordingly, the district court found that publicly disclosing any of Doe’s previously confidential sex offender registration information would violate the terms of Doe’s plea agreement, and issued an injunction barring Attorney General Brown from so disclosing. The Attorney General timely appealed.
The 9th Cir respectfully submits that the question presented in Part II requires certification because it poses an unsettled question of California law which could determine the outcome of this case.
Note: Under the Due Process Clause, criminal defendants have a right to enforce the terms of their plea bargains enforced. See Santobello v. New York, 404 U.S. 257, 261 (1971). Plea agreements are “construed in accordance with state law.” Buckley v. Terhune, 441 F.3d 688, 690 (9th Cir. 2006). Here, the district court found that, when Doe pleaded guilty in 1991, “[n]o qualification or reservation of rights pending future legislative changes was contemplated . . . by either party.” Accordingly, the question is whether, under California law, the default rule of contract interpretation is (a) that the law in effect at the time of a plea agreement binds the parties, or (b) that the terms of a plea agreement may be affected by changes in law.Now we wait for the California Supreme court to respond.
For now have a great day and a better tomorrow.
eAdvocate
