What is the test for waiving a defendant's constitutional rights?
California, United States of America
The following excerpt is from Moss, In re, 170 Cal.App.3d 16, 216 Cal.Rptr. 205 (Cal. App. 1985):
"The so-called Boykin-Tahl-Mills test requires a docket entry and/or minute order to recite that the defendant expressly and explicitly waived his constitutional rights. These include the rights to counsel, jury trial, confrontation of witnesses/accusers, and against self-incrimination prior to a court's acceptance of a plea of guilty. [Citations.]." (Worsely v. Municipal Court (1981) 122 Cal.App.3d 409, 413, 176 Cal.Rptr. 324.)
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