In what circumstances will a court accept a guilty plea in a civil case?

California, United States of America


The following excerpt is from People v. Shippey, 168 Cal.App.3d 879, 214 Cal.Rptr. 553 (Cal. App. 1985):

In re Tahl interpreted Boykin to require that when a trial court accepts a guilty plea "the record must contain on its face direct evidence that the accused was aware, or made aware, of his right to confrontation, to a jury trial, and against self-incrimination, ..." (In re Tahl, supra, 1 Cal.3d 122, 132, 81 Cal.Rptr. 577, 460 P.2d 449; original emphasis.) Boykin established a new constitutional standard, i.e., that a waiver of the three aforementioned important federal rights will not be presumed from a silent record. (Boykin v. Alabama, supra, 395 U.S. 238, 243-244, 89 S.Ct. 1709, 1712-1713.)

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