Public-domain · open source
OpenJurist

68 Wash. 2d 700

DuPuis v. Maxwell

Washington Supreme Court

Decided June 2, 1966

Washington Supreme Court · decided 1966-06-02

Cited by 1 later decisions — most recently August 1976

1 state decisions

Key passage — most relied on by later courts

“We are satisfied that, under all the circumstances revealed, petitioner’s plea of guilty was in fact equivocal, and that the equivocation was not clarified to the extent necessary to permit acceptance of the plea.”

quoted by 1 later decision, including 16 Wash. App. 53 - State v. Iredale

Relies on 43 Wash. 2d 358 - State v. Stacy · 66 Wash. 2d 65 - State v. Mullin

Good law ✅— No negative treatment on recordhow we know

Decided 1966-06-02

View the full empirical analysis of this case →

Per Curiam.

¶1Defendant on October 16, 1964, was charged with a crime carrying with it a mandatory life sentence. He was not represented by counsel at arraignment. The trial court accepted a plea of guilty and imposed the mandatory sentence.

¶2Defendant now petitions for a writ of habeas corpus, contending among other things, that his plea of guilty was involuntary and equivocal.

¶3We have examined with care the certified transcription of the arraignment and sentencing procedure brought before us as a result of the petition. We are satisfied that, under all the circumstances revealed, petitioner’s plea of guilty was in fact equivocal, and that the equivocation was not clarified to the extent necessary to permit acceptance of the plea. State v. Stacy, 43 Wn.2d 358, 261 P.2d 400 (1953); State v. Mullin, 66 Wn.2d 65, 400 P.2d 770 (1965).

¶4Accordingly, the judgment, sentence, and plea are vacated and petitioner is remanded to the Superior Court for Grant County for rearraignment.

/68/wash2d/700 · .json · Public domain