McKenzie v. Risley

842 F.2d 1525 (1988)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
M
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

McKenzie v. Risley

United States Court of Appeals for the Ninth Circuit
842 F.2d 1525 (1988)

  • Written by Sharon Feldman, JD

Facts

Duncan McKenzie (defendant) was indicted for murder. The prosecution (plaintiff) and defense reached a plea agreement permitting McKenzie to plead guilty to two offenses in exchange for a 50-year sentence. The prosecution understood the agreement to be contingent on the victim’s family’s approval. The victim’s family refused to approve the agreement. The prosecutor objected to McKenzie’s offer to plead guilty. McKenzie was convicted after trial and sentenced to death. No evidence indicated that the sentencing judge considered the impact of McKenzie’s crime on the victim’s family. McKenzie’s petition for a writ of habeas corpus was dismissed. The Ninth Circuit affirmed but granted rehearing en banc. McKenzie argued that because he would have received a prison sentence had he pled guilty, his sentence was unconstitutional under United States v. Jackson, and that the trial court erroneously permitted the victim’s family’s wishes to control the sentence in violation of Booth v. Maryland.

Rule of Law

Issue

Holding and Reasoning (Kozinski, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 821,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 821,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 989 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 821,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 989 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Criminal Procedure

Key Terms