This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Criminal,
California Supreme Court

Jun. 22, 2018

State high court expands test for guilty pleas without trial rights waiver

The state Supreme Court has codified the expansion of the legal test for guilty pleas accepted without an explicit advisement of rights waived by the defendant, from just those with partial advisements to those with none.

The state Supreme Court on Thursday expanded the test for the validity of guilty pleas accepted without an explicit advisement of rights waived by the defendant.

The test, created by and named for People v. Howard, 1 Cal. 4th 1132 (Cal. 1992), covered partial advisements but had not been extended to "silent record" cases where there is no specific advice from the court or acknowledgment from the defendant that fundamental r...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up