Is a defendant entitled to replead at a post-conviction evidentiary hearing?

MultiRegion, United States of America

The following excerpt is from Wilkins v. Erickson, 505 F.2d 761 (9th Cir. 1974):

Wilkins relies upon Boykin v. Alabama, supra. He contends that since he was not personally advised by the trial judge on entry of his plea that by pleading guilty he was waiving (1) his privilege against self-incrimination, (2) his right to trial by jury, and (3) his right to confront his accusers; that he was unaware of the consequences, and that his plea, therefore, mas not voluntarily and intelligently made. Wilkins further argues that the failure of the trial judge to articulate these three rights on the record resulted in a 'silent' record which cannot be supplemented by a post-conviction evidentiary hearing. Accordingly, he wants the opportunity to replead.

Wilkins relies on the following language from Boykin:

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