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Waiver Of The Right To Appeal, Robert K. Calhoun
Waiver Of The Right To Appeal, Robert K. Calhoun
Publications
This Article explores the legal and constitutional issues raised by appeal waivers. Section I analyzes the current state of the case law. Section II explores the due process challenge to appeal waivers, and concludes that such a challenge would be difficult to sustain given the current state of due process law. It, nonetheless, goes on to suggest that a key premise of due process theory as it relates to plea bargaining- the presumed equality of bargaining power between the prosecution and the defense-may be ripe for challenge. Section ill discusses the public policy arguments for and against appeal waivers, and …
Caritativo V. Teets [Dissent], Jesse W. Carter
Caritativo V. Teets [Dissent], Jesse W. Carter
Jesse Carter Opinions
Writ of mandate would not issue to compel warden to institute proceedings to determine present sanity of defendant awaiting execution of death penalty after warden determined that there was not good reason to believe defendant was presently insane.
People V. Chessman [Dissent], Jesse W. Carter
People V. Chessman [Dissent], Jesse W. Carter
Jesse Carter Opinions
Reexamination of defendant's arguments as to the correctness and validity of the reporter's transcript were without merit and the transcript permitted a fair consideration and disposition of the appeal.