ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Public Defense Blogs -> Indignant Indigent

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Public Defense

: Indignant Indigent

Court Must Explain Waiver of Right to Appeal

ADVERTISEMENTS
In People v. Farrow, the Fourth Department reaffirmed that a defendant cannot waive his right to have a waiver of the right to appeal explained on the record. Moreover, the court re-stated its position that the judge accepting the plea and waiver has an independent duty to ensure that the defendant understands the waiver. The court said:
"It cannot be gainsaid that it is the responsibility of the court to ensure that "a defendant's understanding of the terms and conditions of a plea agreement is evident on the face of the record" (Lopez, 6 NY3d at 256; see Callahan, 80 NY2d at 283). Defendant's purported waiver cannot relieve the court of its responsibility."

Full post as published by Indignant Indigent on February 09, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Selection of State Supreme Court Judges
How State Court Judges are Selected

Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations

California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid

Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President

Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause

Unwed Fathers' Rights in Adoption
Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers

Lawsuits and Settlements

Philip Morris
Loses Appeal, Will Pay Millions

Asbestos Mesothelioma Victim Wins Appeal of $20 Million Asbestos Cancer Verdict
Asbestos Mesothelioma Victim Wins Appeal of $20 Million Asbestos Cancer Verdict

Ebay Fined
French Court Sets Fine at $61 Million

Personal Injury
Appeals Court Upholds Congressional Legislation

Tomato Salmonella
Sheetz Convenience Stores agrees to confidential out-of-court settlement with food poisoning victim.

National Association of Realtors
Settlement reached in broker listing antitrust lawsuit, pending court approval.

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.015 secs (new cache)