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Name: Brown v. Poole
Case #: 01-56660
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/04/2003
Subsequent History: None

In a fact-specific case, the Ninth Circuit ordered specific performance of a 1986 California plea bargain, because it interpreted the terms of the bargain to provide that if she did not incur any prison disciplinary infractions, she would be released in half of the 15 year term stipulated in the agreement. Because she had served almost 10 years longer than the plea bargain provided, specific performance was appropriate. The court rejected the contention that only the Board of Prison Terms could order her release. She pleaded guilty to second degree murder, which ordinarily provides for a 15 year to life minimum term.