Britt v. Smith

As noted by the majority, the record shows that Britt was informed that if he pled guilty, he would waive the three rights enumerated in Boykin v. Alabama1 — the right to the privilege against self-incrimination, the right to confront adverse witnesses, and the right to a trial by jury.1 2 The majority holds that Britt’s express waiver of these three rights was sufficient to make his plea intelligently and knowingly entered.

However, the record also establishes that Britt was not informed that a guilty plea would cause him to relinquish the right to remain silent, the right to the presumption…