State v. Draper

OPINION

KLEINSCHMIDT, Judge.

The defendant pled guilty to attempted child molestation. We set aside the plea because we hold that the right to due process of law, the right to effective assistance of counsel, and public policy generally, forbid the prosecution from requiring, as a condition of a plea agreement, that a defendant forego his right to interview witnesses before deciding whether to accept a plea agreement. We also hold that it was improper for the prosecutor and defense counsel to withhold knowledge of this condition of the plea agreement from the court at the time the plea was…