Legal Opinion · Dissent

State v. Chervenell

Washington Supreme Court

Decided April 21, 1983No. 48344-2, 48347-7Published

1DissentRosellini, J.

(dissenting) — The majority states the issue in this case as "whether the State, when relying upon a conviction based upon a guilty plea to establish habitual criminal status, must show that the defendant was aware of this right [to remain silent]." Majority opinion, at 310-11. The majority's holding, however, goes much further to require that the State prove that the defendant was expressly informed of each right. Neither Boykin v. Alabama, 395 U.S. 238, 23 L. Ed. 2d 274, 89 S. Ct. 1709 (1969) nor our decision in Wood v. Morris, 87 Wn.2d 501, 554 P.2d 1032 (1976) mandates this result. For…

2Cases cited27 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. McCarthy v. United StatesSupreme Court of the United States · 1969
  3. In Re TahlCalifornia Supreme Court · 1969
  4. Commonwealth Ex Rel. West v. RundleSupreme Court of Pennsylvania · 1968
  5. State v. HolsworthWashington Supreme Court · 1980

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