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


The following excerpt is from People v. Briseno, H041820 (Cal. App. 2015):

Nor, as in Brady v. United States (1970) 397 U.S. 742, 750, was there a showing that in deciding to plead guilty defendant "was so gripped by . . . hope of leniency that he did not or could not, with the help of counsel, rationally weigh the advantages of going to trial against the advantages of pleading guilty." The transcripts of the plea and post-plea hearings clearly demonstrate that the court found defendant fully capable of rationally weighing the pros and cons of forgoing a trial and pleading guilty. It is beyond cavil that many, if not most, defendants hope for leniency by the sentencing judge; this defendant was unquestionably vocal and admittedly "verbose" in his persistent expression of those hopes, compounded by his insistence that the charges were based on lies. Defendant

Page 15

Other Questions


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)
Does a defendant who pleads not guilty by reason of insanity have to plead not guilty to the same charge under section 1016 of the California Criminal Code? (California, United States of America)
What is the probability that a defendant would not have pleaded guilty and insisted on a trial rather than plead guilty? (California, United States of America)
Can a criminal defendant seek a new trial on the grounds that the district attorney or other counsel prosecuting the case has been guilty of prejudicial misconduct during the trial? (California, United States of America)
Does a defendant in a criminal case who plead guilty and take an appeal from the resulting conviction need to seek and obtain a certificate of probable cause from the trial court to proceed with the appeal? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (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 effect of a rule in the criminal code allowing a defendant to plead guilty to a lesser charge if they are found guilty of the same offence? (California, United States of America)
Is there any case law where a defendant was denied effective assistance of counsel because his trial counsel failed to communicate to him that a plea bargain offer under which he would have been permitted to plead guilty to voluntary manslaughter? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.