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709 P.2d 310

Brooks v. Morris

Utah Supreme Court

Decided October 28, 1985

Utah Supreme Court · decided 1985-10-28

Key passage — most relied on by later courts

“entered his plea with full knowledge and understanding of its consequences and of the rights he was waiving, including his right against self-incrimination”

quoted by 1 later decision, including State v. Lovell

Relies on Warner v. Morris

Good law ✅— No negative treatment on recordhow we know

Decided 1985-10-28

How this case has been cited

Cited by 9 later decisions — most recently August 2011

9 state decisions

401985199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM:

¶1 This is an appeal from a denial of a petition for habeas corpus. The companion case of Warner v. Morris, 709 P.2d 309, (1985), is dispositive.

¶2 In 1981, appellant pleaded guilty to second degree murder. Before accepting the plea, the trial judge carefully examined appellant to insure that the plea was intelligently and voluntarily entered. The judge did not, however, ask specifically whether appellant understood that he was waiving his right against compulsory self-incrimination. In 1982, by petition for writ of habe-as corpus, appellant sought release under the theory that his plea had not been entered knowingly and voluntarily. The district court denied the petition, whereupon this appeal was filed.

¶3 It is true that, in accepting the plea, the trial judge did not comply with the letter of Utah R.Crim.P. 11(e)(3). Nevertheless, the record as a whole affirmatively establishes that appellant entered his plea with full knowledge and understanding of its consequences and of the rights he was waiving, including his right against self-incrimination.

¶4 The decision of the district court is therefore affirmed.

STEWART, J., concurs in the result.
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