How have courts dealt with a defendant's claim that he did not understand the contents of an advisement and waiver of rights form?

California, United States of America


The following excerpt is from People v. Cayetano, G049254 (Cal. App. 2014):

guilty plea also informed defendant of the potential adverse immigration consequences. In denying the motion to vacate the conviction, the trial judge expressly rejected defendant's claim he lacked sufficient comprehension of English to understand the contents of the advisement and waiver of rights form. "We presume in support of the judgment the existence of every fact the trier of fact reasonably could infer from the evidence," and "neither reweigh[ the] evidence nor reevaluate[] a witness's credibility." (People v. Lindberg (2008) 45 Cal.4th 1, 27.) "If the circumstances reasonably justify the trier of fact's findings, reversal of the judgment is not warranted simply because the circumstances might also reasonably be reconciled with a contrary finding." (Ibid.)

Other Questions


Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Is a trial court erred by failing to give a defendant separate advisement of his right to counsel and obtaining a waiver of that right? (California, United States of America)
How have the courts dealt with claims that a father has forfeited his right to make a claim against the father? (California, United States of America)
How have we dealt with the Attorney General's contention that a defendant forfeited any claim of error by failing to object or request modification to an instruction in the trial court? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
Is a waiver of a defendant's right to testify a personal waiver of that right? (California, United States of America)
What is the test for a defendant's claim that he was denied his constitutional right to due process of law because the trial court relieved the prosecution of its burden of establishing that defendant acted with malice? (California, United States of America)
Is a defendant's claim that he was advised by a superior court that he had a right to appointed counsel pursuant to section 987 of the Criminal Code? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Can a defendant bring a notice of appeal to the Court of Appeal claiming that he failed to raise his constitutional claims in the trial court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.