In a ruling that stresses the importance of obtaining knowing waivers during guilty pleas in local and town courts, a unanimous 2nd Circuit panel has granted a habeas petition for a man who pleaded guilty to misdemeanor criminal contempt. The panel found that the trial record of the man's plea did not establish that he understood he was giving up his right to trial or his right to appeal, and said that the plea did not meet the requirements set forth by the U.S. Supreme Court in Boykin v. Alabama.
2nd Circuit Faults 'Confusing' Plea Allocution
New York Law Journal
April 14, 2006