Brooks v. Morris

Utah Supreme Court

Brooks v. Morris

709 P.2d 310, 1985 Utah LEXIS 942

CourtUtah Supreme Court

DecidedOctober 28, 1985

Docket20120

StatusPublished

Cited by10 cases

This text of 709 P.2d 310 (Brooks v. Morris) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brooks v. Morris, 709 P.2d 310, 1985 Utah LEXIS 942 (Utah 1985).

Pincite

Opinion

PER CURIAM:

This is an appeal from a denial of a petition for habeas corpus. The companion case of Warner v. Morris, 709 P.2d 309, (1985), is dispositive.

In 1981, appellant pleaded guilty to second degree murder. Before accepting the plea, the trial judge carefully examined appellant to insure that the plea was intelligently and voluntarily entered. The judge did not, however, ask specifically whether appellant understood that he was waiving his right against compulsory self-incrimination. In 1982, by petition for writ of habe-as corpus, appellant sought release under the theory that his plea had not been entered knowingly and voluntarily. The district court denied the petition, whereupon this appeal was filed.

It is true that, in accepting the plea, the trial judge did not comply with the letter of Utah R.Crim.P. 11(e)(3). Nevertheless, the record as a whole affirmatively establishes that appellant entered his plea with full knowledge and understanding of its consequences and of the rights he was waiving, including his right against self-incrimination.

The decision of the district court is therefore affirmed.

STEWART, J., concurs in the result.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

This is an appeal from a denial of a petition for habeas corpus. The companion case of Warner v. Morris, 709 P.2d 309, (1985), is dispositive.

In 1981, appellant pleaded guilty to second degree murder. Before accepting the plea, the trial judge carefully examined appellant to insure that the plea was intelligently and voluntarily entered. The judge did not, however, ask specifically whether appellant understood that he was waiving his right against compulsory self-incrimination. In 1982, by petition for writ of habe-as corpus, appellant sought release under the theory that his plea had not been entered knowingly and voluntarily. The district court denied the petition, whereupon this appeal was filed.

It is true that, in accepting the plea, the trial judge did not comply with the letter of Utah R.Crim.P. 11(e)(3). Nevertheless, the record as a whole affirmatively establishes that appellant entered his plea with full knowledge and understanding of its consequences and of the rights he was waiving, including his right against self-incrimination.

The decision of the district court is therefore affirmed.

STEWART, J., concurs in the result.

Cite This Page — Counsel Stack

Bluebook (online)

709 P.2d 310, 1985 Utah LEXIS 942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-morris-utah-1985.

Opinion

Related

Cite This Page — Counsel Stack