What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights?

California, United States of America


The following excerpt is from People v. Rodriguez, E067719 (Cal. App. 2018):

"Knowing and intelligent waivers are generally required when a criminal defendant gives up 'any significant right' [citation], such as . . . constitutional rights . . . ." (People v. Trujillo (2015) 60 Cal.4th 850, 859.) "A broad or general waiver of appeal rights ordinarily includes error occurring before but not after the waiver because the defendant could not knowingly and intelligently waive the right to appeal any unforeseen or unknown future error. [Citation.] Thus, a waiver of appeal rights does not apply to '"possible future error" [that] is outside the defendant's contemplation and knowledge at the time the waiver is made.' [Citations.]" (People v. Mumm (2002) 98 Cal.App.4th 812, 815.)

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