December 4, 2013

Criminal plea opinion filing tomorrow

Tomorrow morning, the Supreme Court will file its opinion in People v. Palmer.  In Palmer, which was argued in October, the court limited the issues to:  (1) Is a claim that the trial court failed to establish a factual basis for defendant’s plea within the meaning of Penal Code section 1192.5 not cognizable on appeal where defense counsel stipulated to a factual basis for the plea?  (2) If the claim is cognizable, did defense counsel’s bare stipulation to a factual basis without reference to any document describing the facts sufficiently establish a factual basis?

The opinion can be viewed online tomorrow beginning at 10:00 a.m.

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