Guilty Plea Rules:
Nolo Contendre – not an admission of guilt, but will accept sentencing; if actually plead guilty, can be used later in a civil proceeding
Conditional Plea – time saver for system; negotiate a plea and reserve right to appeal on a certain issue; can do in Fed system (need consent of everyone)
Admonishing … advice to D:  absolute obligation on part of judge; has to personally address D
fed – in open court
Texas – orally or in writing
Warn D they are waiving three fundamental Constitutional rights:
5A – waiving right to trial itself
6A – waiving right to jury and cross-examination
charges and punishment
— Texas must also warn may result in deportation or denial of naturalization (feds don’t)
Plea Bargaining
has to be voluntary
Is there understanding of plea agreement?  Feds have three categories
dismissal of charges
recommendation is not binding on the court
specific sentence is appropriate disposition of the case
If judge does not agree/accept?
Texas – get plea back (D withdraws)
Federal – D is stuck with it even if rejected by judge
d.   any change, unraveling at some point … back to square one
Factual Basis of the Plea (  inquiry into accuracy of guilty plea
Harmless Error
since process has become complex, shy away from perfect compliance
need substantial compliance with core elements, but sloppiness around edges ok