California, United States of America
The following excerpt is from People v. Howard, 1 Cal.4th 1132, 5 Cal.Rptr.2d 268, 824 P.2d 1315 (Cal. 1992):
In the 22 years since Tahl, our interpretation of federal law in that opinion has not garnered significant support in the federal courts. Indeed, the high court has never read Boykin as requiring explicit admonitions on each of the three constitutional rights. Instead, the court has said that the standard for determining the validity of a guilty plea "was and remains whether the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant." (North Carolina v. Alford, supra, 400 U.S. at p. 31, 91 S.Ct. at p. 164, citing Boykin, supra, 395 U.S. at p. 242, 89 S.Ct. at p. 1711; see also Brady v. United States, supra, 397 U.S. at pp. 747-748, 90 S.Ct. at pp. 1468-1469.) "The new element added in Boykin " was not a requirement of explicit admonitions and waivers but rather "the requirement that the record must affirmatively disclose that a defendant who pleaded guilty entered his plea understandingly and voluntarily." (Brady v. United States, supra, 397 U.S. at pp. 747-748, fn. 4, 90 S.Ct. at pp. 1468-1469, fn. 4.)
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.