(1) Does the "totality of the circumstances" test apply in determining whether a defendant knowingly and voluntarily waived his constitutional rights before stipulating to an offense, if the record indicates that the trial court did not advise the defendant or obtain his waiver of rights at the time of the stipulation? (2) Under this test, are references to a defendant's constitutional rights during earlier stages of the proceedings and the defendant's criminal history sufficient to support the conclusion that the defendant knowingly and voluntarily waived those rights when entering into to th
To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Already a subscriber?
Sign In