holding the same three rights must be specifically and expressly enumerated 6 and waived by the accused prior to acceptance of a guilty plea
How later courts described this case
- holding the same three rights must be specifically and expressly enumerated 6 and waived by the accused prior to acceptance of a guilty plea
- “the record must contain on its face direct evidence” that the defendant voluntarily and intelligently waived each of the three rights involved
- advising trial courts to obtain “express waiver on the record” of rights waived by a criminal defendant before accepting a guilty plea
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by Mills v. Municipal Court, 10 Cal. 3d 288 (1973)
1 Cal.3d 122 , overruled on other grounds in Mills v. Municipal Court (1973) 10 Cal.3d 288, 291
Superseded by statute, as recognized in People v. Carty
1 Cal.3d 122, 132 , superseded by statute as stated in People v. Carty (2003) 110 Cal.App.4th 1518
Distinguished
Distinguished by San Mateo County Department of Social Services v. Kathy T., 2 Cal. App. 4th 1372 (1992)
) In light of this unambiguous expression of judicial policy, we must reject respondent’s attempt to limit the court’s duty to advise and obtain express waivers only to criminal trials as exemplified by Tahl and Bunnell.
The opinion
McCOMB, J., Dissenting.
I would deny the writ of habeas corpus.