What is the test for habeas relief from a guilty plea?
California, United States of America
The following excerpt is from Cardosa v. B.G., E067333 (Cal. App. 2017):
counsel or misadvisement by the court. Factual innocence alone would not be enough. (People v. Turner (1985) 171 Cal.App.3d 116, 126-127.) A fortiori, evidence that merely impeaches a witness, and thus raises an issue of fact suitable for a jury, is not grounds for habeas relief from a guilty plea.
"The most advanced legal research software ever built."
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
Does a guilty plea need to be specifically enumerated for the benefit of and waived by the accused prior to acceptance of his guilty plea? (California, United States of America)
Can a defendant withdraw a plea of guilty and enter a not guilty plea under section 1203.4a of the Criminal Code? (California, United States of America)
Can a defendant withdraw his guilty plea and enter a not guilty plea? (California, United States of America)
Can a plea of guilty be withdrawn and a not guilty plea substituted? (California, United States of America)
Can a defendant withdraw a guilty plea and substitute it with a not guilty plea? (California, United States of America)
Can a criminal defendant who appeals following a plea of no contest or guilty without a certificate of probable cause raise issues arising after the plea that do not affect the validity of the plea? (California, United States of America)
Can a defendant withdraw a plea of guilty and enter a not guilty plea? (California, United States of America)
Can a defendant withdraw their plea of guilty or nolo contendere and enter a plea of not guilty? (California, United States of America)
Does a motion to withdraw a guilty plea need to include a separate proceeding that occurs after the guilty plea? (California, United States of America)
Can a defendant who has entered a guilty plea for the purposes of pleading not guilty to a charge of assault have the option of representing himself at trial? (California, United States of America)
