Ricketts v. Adamson Page 16

Ricketts v. Adamson general information

Media for Ricketts v. Adamson

Audio Transcription for Oral Argument - April 01, 1987 in Ricketts v. Adamson

Timothy K. Ford:

--Unless there is something in the plea agreement that either implicitly or explicitly waives double jeopardy--

William H. Rehnquist:

--Well, say what's in this plea agreement.

Timothy K. Ford:

--If what is in this plea agreement was in the plea agreement in the situation that Justice White has described, we would say that a waiver could be found under those circumstances, and a knowing and voluntary waiver could be found.

If he actually went into court and did what he had promised--

Byron R. White:

Even if he hadn't been sentenced and spent time in jail?

Timothy K. Ford:

--If he has waived the double jeopardy right.

I have not taken the position in this case, which the Tenth Circuit has taken, and if it is not necessary, certainly for the Court to reach the question in this case that double jeopardy can never be waived.

The Ninth Circuit was very clear in saying that their holding was, even if it can be waived.

Byron R. White:

So, you say that--

Timothy K. Ford:

It certainly was not here.

Byron R. White:

--Didn't he... I guess he did plead... he pled guilty to the lesser offense before there was any trial of these other people?

Timothy K. Ford:

It was mid-trial, mid-jury selection, Your Honor.

Byron R. White:

He pled guilty?

Timothy K. Ford:

Yes.

Byron R. White:

He pled guilty and suppose then after pleading guilty to the offense, suppose that he then refused to testify at all, even once?

Timothy K. Ford:

Right at that moment?

Byron R. White:

Right.

Timothy K. Ford:

Number one, again, of course, it could be construed as a waiver of double jeopardy under the same circumstances and should be.

Number two, though--

Byron R. White:

Well, he did... from a refusal to perform his contractual duty, you would say, is equivalent, you would say, to a waiver of double jeopardy?

Timothy K. Ford:

--I do not say they are equivalent to.

I say that from the language in this contract the Court could under those circumstances find a waiver but that breach--

Byron R. White:

Suppose we found that, and you would say weren't wrong then?

Timothy K. Ford:

--Found that with regard to a waiver under those--

Byron R. White:

Yes.

Timothy K. Ford:

--circumstances, I would say you were not wrong.

At least I could concede that arguendo for this case.

There is a difference.

Let me... perhaps one illustration can explain it.

Byron R. White:

Well, wasn't the conviction when he pled guilty?