NCJ Number
56021
Journal
Wayne Law Review Volume: 22 Issue: 5 Dated: (SEPTEMBER 1976) Pages: 1463-1482
Date Published
1976
Length
20 pages
Annotation
THE EVOLUTION OF COURT RULES AND APPELLATE STANDARDS PERTAINING TO PLEA-TAKING PROCEDURES AND PRACTICES IN MICHIGAN IS TRACED.
Abstract
THE DISCUSSION OUTLINES THE MICHIGAN SUPREME COURT'S ATTEMPTS TO BALANCE FAIRNESS AND FINALITY IN FORMULATING PROCEDURES FOR TAKING AND REVIEWING GUILTY PLEAS. SPECIAL ATTENTION IS DIRECTED TO THE STANDARD ANNOUNCED IN THE PRINCIPAL CASE AMONG A GROUP OF APPEALS ON PLEA-BASED CONVICTIONS CONSIDERED IN 1975 AS PART OF THE COURT'S WHOLESALE REVIEW OF GUILTY PLEA PROCEDURES. IN THAT CASE, THE COURT CREATED THREE CATEGORIES OF PROCEDURAL MANDATES, EACH DEALING WITH DIFFERENT ASPECTS OF THE TRIAL COURT'S OBLIGATION DURING THE PLEA HEARING. AN OMISSION IN THE FIRST CATEGORY (FAILURE TO INFORM THE DEFENDANT OF MAXIMUM OR MANDATORY MINIMUM PENALITIES FOR THE OFFENSE INVOLVED, OR OF THE RIGHT TO A JURY TRIAL, TO CONFRONT ACCUSERS, AND TO REMAIN SILENT) RESULTS IN REVERSAL UPON APPEAL. OMISSIONS IN THE SECOND CATEGORY (ESTABLISHMENT OF THE FACTUAL BASIS FOR THE PLEA) MAY BE CORRECTED ON REMAND TO THE TRIAL COURT. OMISSIONS IN THE THIRD CATEGORY (E.G., AN IMPRECISE RECITAL OF RIGHTS BY THE COURT) ARE CONSIDERED HARMLESS ERRORS. THIS APPROACH FOCUSES ON THE SUBSTANCE OF THE GUILTY PLEA RATHER THAN ON THE FORM, MANDATING THE COMMUNICATION OF INFORMATION BY THE COURT TO THE DEFENDANT. THE ISSUE ON APPEAL IS WHETHER THE DEFENDANT UNDERSTOOD THE NATURE OF THE RIGHTS WAIVED BY PLEADING GUILTY, NOT WHETHER THE COURT UTTERED PRECISELY EACH PHRASE OF A RULE. BY REQUIRING SUBSTANTIAL RATHER THAN STRICT COMPLIANCE WITH PROCEDURAL RULES, THE STANDARD ACCOMPLISHES TWO OBJECTIVES: (1) IT GUARANTEES FAIRNESS BY ENSURING THAT PLEAS ARE ENTERED FREELY, VOLUNTARILY, AND KNOWLEDGEABLY; AND (2) IT PROMOTES FINALITY OF VALID PLEAS BY DISCOURAGING APPEALS BASED ON GROUNDS OF TECHNICAL AND INSUBSTANTIAL ERROR. THE STANDARD ALSO ELIMINATES A LOOPHOLE THAT MADE IT POSSIBLE FOR A DEFENDANT TO OBTAIN A TRIAL ON A LESSER CHARGE BY PURPOSELY ENTERING A DEFECTIVE GUILTY PLEA. (LKM)