Appeal waiver: Difference between revisions
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(Created page with " Penal Code section 1016.8 People v. Barton (2020) 52 Cal.App.5th 1145 Garza v. Idaho") |
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Garza v. Idaho | 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. | |||
Latest revision as of 18:26, 22 December 2024
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.