Legal Opinion · Dissent

People v. Saffold

Michigan Supreme Court

Decided July 30, 2001No. Docket 116710Published

1DissentMarkman, J.

I respectfully dissent. The issue before this Court is whether the trial court’s failure to comply with MCR 6.302 in accepting defendant’s guilty plea (to a charge of receiving and concealing stolen property) requires the reversal of his conviction.1 *284Contrary to the requirement of MCR 6.302, the trial court failed to inform the defendant, at his guilty plea hearing, of his right to be presumed innocent. The trial court denied defendant’s motion to withdraw his guilty plea on this ground. The Court of Appeals subsequently reversed, asserting that the rule required the trial court “to directly…

2Cases cited25 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. North Carolina v. AlfordSupreme Court of the United States · 1970
  5. Brady v. United StatesSupreme Court of the United States · 1970

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