Does a defendant in a non-capital case who pleads guilty or admits a parole violation waives the right to appeal?

California, United States of America

The following excerpt is from People v. Laino, 11 Cal.Rptr.3d 723, 32 Cal.4th 878, 87 P.3d 27 (Cal. 2004):

13. "[U]nder [the Arizona Rules of Criminal Procedure, rules] 17.1(e) and 27.8(e), a defendant in a noncapital case who pleads guilty or admits a parole violation waives the right to a direct appeal. In accord with art[icle] 2, [section] 24, however, those rules specifically allow the defendant to `seek review ... by filing a petition for post-conviction relief pursuant to Rule 32." (Montgomery v. Sheldon (1995) 181 Ariz. 256, 889 P.2d 614, 616.)

"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

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)

Can a defendant plead guilty on appeal for the purposes of pleading guilty to assault? (California, United States of America)

What is the test for a defendant to appeal against a finding that he waived his right to self-representation by pleading not guilty to a charge of assault? (California, United States of America)

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)

Does a defendant who has pleaded not guilty and will have a preliminary hearing occupy a vastly different position than one who is considering waiving his constitutional rights and admitting guilt pursuant to a pre-indictment plea offer? (California, United States of America)

Can a defendant appeal for a certificate of probable cause for a motion of appeal against a finding of not guilty of a charge brought after pleading guilty? (California, United States of America)

Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (California, United States of America)

Is a defendant's right to due process violated when evidence of a witness's identification of that defendant is admitted? (California, United States of America)

What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)

In deciding to plead guilty in a criminal case, has there ever been a finding that a defendant was not fully capable of rationally weighing the pros and cons of forgoing a trial and pleading guilty? (California, United States of America)

Does a defendant in a non-capital case who pleads guilty or admits a parole violation waives the right to appeal?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources