Nebraska Supreme Court Adopts the Howe Test to Correctly Determine the Enforceability of a Cooperation Agreement in State v. Wacker, The
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Authors
Thousand, Kyle
Issue Date
2006
Volume
39
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Cooperation agreements occur when the government agrees to restrict the prosecution of a defendant in return for the defendant's cooperation. A cooperation agreement is contractual in nature and dependent upon contract law standards. If defendants do not carry out their side of a cooperation agreement, they lose the advantage of the agreement, and the government is alleviated of its promise under the agreement; on the other hand, if performance occurs, the government must fulfill its promise. The principle for enforcing a cooperation agreement is founded under the Due Process Clause of the Fourteenth Amendment. In State v. Copple, the Nebraska Supreme Court adopted a three-part test from Rowe v. Griffin to determine when the government was required to fulfill cooperation agreements. The Rowe test mandates a cooperation agreement must be honored when it appears (1) an agreement was entered into, (2) the defendant performed his or her side of the agreement, and (3) the prosecution is directly connected to the offenses about which the defendant, according to the agreement, either testified for the benefit of the government or helped with the investigation. Seven years after Copple, the Nebraska Court of Appeals in State v. Howe adopted a different third step of the Rowe test, requiring the defendant act to his or her prejudice or detriment, instead of helping in the investigation or testifying for the government pursuant to the agreement...
Description
Citation
39 Creighton L. Rev. 147 (2005-2006)
Publisher
Creighton University School of Law