Does Section 2254 of the Civil Code of Civil Procedure require a state court to establish a factual basis for a guilty plea?
MultiRegion, United States of America
The following excerpt is from Marty v. Daniels, 978 F.2d 715 (9th Cir. 1992):
Section 2254 provides for relief only for a violation of the United States Constitution, a federal statute, or a treaty. Rodriguez v. Ricketts, 777 F.2d 527, 528 (9th Cir.1985) (per curiam). Absent special circumstances, "the due process clause does not impose on a state court the duty to establish a factual basis for a guilty plea." Id. Special circumstances compelling a state court to establish a factual basis for a plea include a petitioner's protestation of innocence. Id.
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