46 Cited authorities

Hill v. Lockhart
474 U.S. 52 (1985) Cited 20,016 times 34 Legal Analyses
Holding that a Strickland claim can be brought to challenge a guilty plea, but rejecting the claim at issue
Teague v. Lane
489 U.S. 288 (1989) Cited 7,707 times 99 Legal Analyses
Holding that the rule announced in Taylor v. Louisiana requiring the jury venire be drawn from a fair cross section of the community is procedural and does not apply retroactively
Boykin v. Alabama
395 U.S. 238 (1969) Cited 13,231 times 12 Legal Analyses
Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here
North Carolina v. Alford
400 U.S. 25 (1970) Cited 10,656 times 6 Legal Analyses
Holding that an individual may "consent to the imposition of a prison sentence" despite maintaining that he is innocent of the charged crime
McCarthy v. United States
394 U.S. 459 (1969) Cited 3,371 times 3 Legal Analyses
Holding that, if a plea is not "voluntary and knowing, it has been obtained in violation of due process and is therefore void"
Mabry v. Johnson
467 U.S. 504 (1984) Cited 1,387 times 2 Legal Analyses
Holding that state prisoner did not have constitutional right to enforce executory plea agreement
People v. Lopez
71 N.Y.2d 662 (N.Y. 1988) Cited 2,856 times 3 Legal Analyses
In Lopez, the New York Court of Appeals recognized "the rare case" where a defendant's plea allocution "casts significant doubt upon the defendant's guilt or otherwise calls into question the voluntariness of the plea[.]"
Desist v. United States
394 U.S. 244 (1969) Cited 829 times
Holding Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 non-retroactive
People v. Ford
86 N.Y.2d 397 (N.Y. 1995) Cited 1,246 times 3 Legal Analyses
In Ford, the court held that due process requires that the record must be clear that the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant.
People v. Harris
61 N.Y.2d 9 (N.Y. 1983) Cited 1,659 times
In People v Harris (61 N.Y.2d 9), within the context of determining whether a guilty plea was knowingly and voluntarily entered, the Court of Appeals concluded that no mandatory catechism was required.

The People, Appellant,v.Keith Fagan, Respondent.

46 Cited authorities

Holding that a Strickland claim can be brought to challenge a guilty plea, but rejecting the claim at issue

Holding that the rule announced in Taylor v. Louisiana requiring the jury venire be drawn from a fair cross section of the community is procedural and does not apply retroactively

Holding that a silent record is insufficient for a waiver of certain specified rights not at issue here

Holding that an individual may "consent to the imposition of a prison sentence" despite maintaining that he is innocent of the charged crime

Holding that, if a plea is not "voluntary and knowing, it has been obtained in violation of due process and is therefore void"

Holding that state prisoner did not have constitutional right to enforce executory plea agreement

In Lopez, the New York Court of Appeals recognized "the rare case" where a defendant's plea allocution "casts significant doubt upon the defendant's guilt or otherwise calls into question the voluntariness of the plea[.]"

Holding Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 non-retroactive

In Ford, the court held that due process requires that the record must be clear that the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant.

In People v Harris (61 N.Y.2d 9), within the context of determining whether a guilty plea was knowingly and voluntarily entered, the Court of Appeals concluded that no mandatory catechism was required.