POLS 4720 Lecture Notes - Lecture 12: Gary Duncan, Jury Trial, Summary Offence
19 Apr 2018
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After learning that his codefendant confessed and would be available to testify, brady changed his plea to guilty. Crime had max penalty of death but us statute allowed death penalty only if jury recommended. Judge sentenced him to 50 years and sentence was reduced to 30. Years later, he sought relief claiming that his guilty plea was not voluntarily given because the possibility of the death penalty coerced his plea. District court denied and said that it was voluntary. Supreme court ruled death penality portion unconstitutional bc it penalized a person for the exercise of a constitutional right. Gary duncan was driving down highway when he noticed his two cousins with a group of white youths on the side of the road. Pulled over and stepped out & asked his cousins to get in car. White youth testified that duncan slapped their elbow, but duncan and cousins denied. Duncan was arrested and charged with simple battery.
