Does a waiver of a criminal plea agreement waive a defendant's right to seek post-conviction relief?
MultiRegion, United States of America
The following excerpt is from Washington v. Lampert, 422 F.3d 864 (9th Cir. 2005):
of counsel claims challenging the validity of the plea or the waiver."); DeRoo v. United States, 223 F.3d 919, 924 (8th Cir.2000) ("A defendant's plea agreement waiver of the right to seek section 2255 post-conviction relief does not waive defendant's right to argue, pursuant to that section, that the decision to enter into the plea was not knowing and voluntary because it was the result of ineffective assistance of counsel.").
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