Legal Opinion · Dissent

People v. Adams

Colorado Court of Appeals

Decided December 19, 1991No. 90CA1290Published

1Dissent

Judge DUBOFSKY

dissenting.

I respectfully dissent.

In my view, the guilty plea was rendered involuntary by the repeated warnings of defendant’s counsel that, if defendant was convicted after a trial and sentenced to the penitentiary, he would be repeatedly sodomized and then murdered.

A guilty plea must be entered voluntarily and with proper understanding. People v. Wells, 734 P.2d 655 (Colo.App.1986). A guilty plea is involuntary if it is induced by threats. People v. McClellan, 183 Colo. 176, 515 P.2d 1127 (1973). Also, a plea may be rendered involuntary by mental as well as physical coercion.…

2Cases cited15 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. United States v. TateoDistrict Court, S.D. New York · 1963
  3. McCray v. SullivanCourt of Appeals for the Fifth Circuit · 1975
  4. United States v. Robert Hamm, United States of America v. Willis Judge Butler, Les Wallick Fuller, Dayton Bud Evans, Jr. And Larry Dale WashingtonCourt of Appeals for the Fifth Circuit · 1981
  5. Ramos v. LammDistrict Court, D. Colorado · 1980

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