Tooby's California Post-Conviction Relief for Immigrants



 
 

§ 7.37 C. Ineffective Waiver of Confrontation

 
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The Constitution requires a knowing and intelligent waiver of the right to confront witnesses in order for a plea to be valid.  The same basic law and rules apply here as in the context of the rights to trial by jury and right to remain silent.[331]


[331] See § § 7.34-7.35, supra; Boykin v. Alabama, 395 U.S. 238 (1969) [valid waiver of fundamental constitutional rights, including right to confrontation, may not be presumed from a silent record]; F.R. Crim. P. 11(c)(3), (4).

Updates

 

CRIMINAL HISTORY REQUEST
The client can request his criminal record from California. Counsel can help him do the request. He can request that it be sent to you. The instructions are at: http://ag.ca.gov/fingerprints/security.php.

Other

CAL POST CON " GROUNDS " CRIMINAL DEFENSE " LOCATING DEPORTED WITNESS
People v. Herrera, 49 Cal.4th 613, 232 P.3d 710 (Jul. 1, 2010) (prosecutor's showing of witness unavailability, upon showing witness had been deported to El Salvador, and no treaty exists between the United States and El Salvador to allow for his return to stand as wtiness, satisfied constitutional requirements of due diligence by prosecutor to try to produce witness). CALPCR:7.37,7.54
CRIMINAL HISTORY REQUEST
The client can request his criminal record from California. Counsel can help him do the request. He can request that it be sent to you. The instructions are at: http://ag.ca.gov/fingerprints/security.php.

 

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