What is the case law on the waiver of a defendant's right to appeal?

California, United States of America

The following excerpt is from People v. Vargas, 11 Cal.Rptr.2d 661, 9 Cal.App.4th 259 (Cal. App. 1992):

"We conclude by encouraging prosecutors and trial judges, in appropriate cases resolved by plea negotiation, to consider including as one element of the negotiation the defendant's waiver of the right to appeal. If a waiver is obtained, the defendant still gets what he has negotiated for, the taxpayers avoid the waste of money and the Attorney General's office and appellate courts can concentrate their efforts on deserving appeals." (People v. Olson, supra, 216 Cal.App.3d at pp. 604-605, 264 Cal.Rptr. 817.)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights? (California, United States of America)

Is a defendant's failure to object to the imposition of a restitution fine on appeal a waiver of right to complain on appeal? (California, United States of America)

When a defendant waives a waiver of his right to leave the scene of the crime, does the waiver constitute a knowing waiver? (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)

Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)

Does a defendant who accepts a plea agreement that includes a specified sentence have an implicit waiver of his right to challenge the sentence at the Court of Appeal? (California, United States of America)

Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)

Does a defendant's failure to object to fees imposed pursuant to section 1203.1b waive the right to appeal on appeal? (California, United States of America)

If a defendant waives his appeal against his sentence because his codefendants later negotiate and receive sentences more lenient than his, would that waiver of appellate rights be enforceable? (California, United States of America)

Does a defendant have to waive his right to a jury to appeal his conviction on appeal of a jury selection error? (California, United States of America)

What is the case law on the waiver of a defendant's right to appeal?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources