Appeal waiver

From California Criminal Law Wiki
Jump to navigation Jump to search

Penal Code section 1016.8

People v. Barton (2020) 52 Cal.App.5th 1145

Garza v. Idaho

Ordinarily, criminal defendants may waive rights that exist for their own benefit. “Permitting waiver ... is consistent with the solicitude shown by modern jurisprudence to the defendant's prerogative to waive the most crucial of rights.” (People v. Robertson (1989) 48 Cal.3d 18, 61, 255 Cal.Rptr. 631, 767 P.2d 1109 [listing some basic rights that may be waived].) “An accused may waive any rights in which the public does not have an interest and if waiver of the right is not against public policy.” (People v. Trejo (1990) 217 Cal.App.3d 1026, 1032, 266 Cal.Rptr. 266.) Cowan v. Superior Court (1996) 14 Cal.4th 367, 371.