NCJ Number
6485
Journal
West Virginia Law Review Volume: 74 Issue: 1-2 Dated: (NOVEMBER/ JANUARY 1971-72) Pages: 196-204
Date Published
Unknown
Length
9 pages
Annotation
A WEST VIRGINIA CASE PROTECTS DEFENDANT'S RIGHTS WHEN ENTERING PLEA NEGOTIATIONS.
Abstract
A VOLUNTARY GUILTY PLEA MUST WITHSTAND THE TEST OF WHETHER IT WAS A VOLUNTARY AND KNOWING CHOICE AMONG THE ALTERNATIVES AVAILABLE TO DEFENDANT. IN DECIDING WHETHER A PLEA WAS ENTERED VOLUNTARILY, THE WEST VIRGINIA COURT PROPOSED A SUBJECTIVE PROCESS CALLED THE TOTALITY OF CIRCUMSTANCES TEST. THIS TEST IS AN INTERPRETATION OF THE FACTS SURROUNDING THE PLEA TO DISCERN WHETHER THE DEFENDANT HAS BEEN MISLED INTO PLEADING GUILTY. WITHDRAWAL OF A GUILTY PLEA IN WEST VIRGINIA IS ALLOWED ONLY AT THE DISCRETION OF THE TRIAL JUDGE. DEPRIVING A COURT OF THIS DISCRETION WILL COME ONLY UPON A SHOWING THAT DEFENDANT ENTERED HIS PLEA UNDER SOME MISTAKE, MISAPPREHENSION, PROMISE OR INDUCEMENT THAT HAS WORKED AN INJUSTICE. AUTHOR ABSTRACT MODIFIED