NCJ Number
19144
Journal
Columbia Law Review Volume: 74 Issue: 8 Dated: (DECEMBER 1974) Pages: 1435-1463
Date Published
1975
Length
28 pages
Annotation
IN THIS SERIES OF CASES, THE 1970 SUPREME COURT REJECTED COLLATERAL ATTACKS ON CONVICTIONS BASED ON GUILTY PLEAS PURPORTEDLY INDUCED BY DENIAL OF CONSTITUTIONAL RIGHTS SUBSEQUENTLY ANNOUNCED AND RETROACTIVELY APPLIED.
Abstract
THE BRADY TRILOGY CONSISTS OF THREE CASES - BRADY V. UNITED STATES, MCMANN V. RICHARDSON, AND PARKER V. NORTH CAROLINA. THIS ARTICLE EXAMINES THE BRADY TRILOGY DECISIONS AND THEIR UNDERLYING RATIONALE, FOCUSING ON CONSISTENCY WITH THE FUNCTIONS SERVED BY GUILTY PLEAS IN THE CRIMINAL JUSTICE SYSTEM, THE WELL-SETTLED PRINCIPLES OF WAIVER AND THE EVOLVING STANDARDS OF RETROACTIVITY IN CONSTITUTIONAL ADJUDICATION. ALSO CONSIDERED IS THE PROBLEM OF DEFINING THOSE RIGHTS WHICH ARE NOT PROPERLY WAIVABLE BY PLEAS OF GUILTY, AND THE VARIOUS STANDARDS DEVELOPED BY THE LOWER FEDERAL COURTS ARE ANALYZED. SEVERAL LOWER COURTS HAVE SUGGESTED THAT A PLEA OF GUILTY DOES NOT WAIVE A 'PRESENT BUT UNKNOWABLE' RIGHT THAT GIVES THE DEFENDANT A COMPLETE OR ABSOLUTE DEFENSE TO THE GOVERNMENT'S PROSECUTION. OTHER CASES HAVE INSULATED RIGHTS IMPLICATING EITHER THE INTEGRITY OF THE CONVICTION OR THE BASIC VALIDITY OF THE CRIMINAL LAW THE DEFENDANT ADMITTED VIOLATING. A DISTINCTION HAS ALSO BEEN MADE BETWEEN NON-WAIVERABLE SUBSTANTIVE RIGHTS AND WAIVERABLE PROCEDURAL RIGHTS. IN BLACKLEDGE V. PERRY (1974), THE SUPREME COURT HELD THAT 'PRESENT BUT UNKNOWABLE' RIGHTS RIGHTS THAT GO 'TO THE VERY POWER OF THE STATE TO BRING DEFENDANT INTO COURT TO ANSWER THE CHARGE AGAINST HIM' ARE NOT WAIVED BY A PLEA OF GILTY. THE AUTHOR SETS OUT HIS OWN STANDARD BY PROPOSING THAT RIGHTS RELATING TO THE ESTABLISHMENT OF THE FACT OF GUILT BE MADE WAIVABLE BY A PLEA OF GUILTY. HE MAINTAINS, HOWEVER, THAT RIGHTS NECESSARY TO ENSURE THE INTEGRITY OF THE DEFENDANT'S PLEA DETERMINATION SHOULD BE SHIELDED FROM ANY IMPUTATION OF WAIVER. (AUTHOR ABSTRACT MODIFIED)