When a criminal defendant has solemnly admitted in open court that he is guilty of the crime with which he is charged, does he have to continue to deny his constitutional rights?

MultiRegion, United States of America

The following excerpt is from U.S. v. Floyd, 108 F.3d 202 (9th Cir. 1997):

When a criminal defendant has solemnly admitted in open court that he is in fact guilty of the offense with which he is charged, he may not thereafter raise independent claims relating to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea. He may only attack the voluntary and intelligent character of the guilty plea....

Tollett v. Henderson, 411 U.S. 258, 267, 93 S.Ct. 1602, 1608, 36 L.Ed.2d 235 (1973).

Other Questions


In what circumstances will a defendant plead not guilty to a claim that the provisions of the New York State Criminal Code apply to a defendant who has not been convicted of any criminal charges under the same statutes? ("New York", United States of America)
Does a criminal defendant have a constitutional right to waive his right to counsel and represent himself in court pro se? (MultiRegion, United States of America)
Does Rule 404(b) of the Criminal Code allow evidence of other crimes, wrongs or acts to be admitted for purposes other than showing a defendant's criminal propensity? (MultiRegion, United States of America)
Does Rule 404(b) of the Criminal Code allow evidence of other crimes, wrongs or acts to be admitted for purposes other than showing a defendant's criminal propensity? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
If a defendant is convicted of a charge under Section 1983 of the Criminal Code, can they seek damages under the same section after pleading guilty to the same charge? (MultiRegion, United States of America)
Is there any case law where a criminal defendant has been found guilty of misconduct under the Criminal Code of Civil Procedure for failing to notify the court of an administrative error? (MultiRegion, United States of America)
What rights does a criminal defendant have to be provided with a description of the criminal charges? (MultiRegion, United States of America)
What is the test for determining whether a jury convicted a defendant of a range of criminal charges, including conspiracy to pervert the course of justice, has been found guilty of all charges relevant to this appeal? (MultiRegion, United States of America)
When a criminal defendant is denied the right to appear in court pro se, can he rely on the "harmless error analysis" to determine if he has ever invoked his right to self-representation? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.