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To: mak5

If a jury finds a defendant guilty based on evidence that is found to be false, can that finding be overturned?
If it can, why couldn’t Flynn’s plea be vacated, or whatever the right term is?


49 posted on 05/05/2020 5:03:02 PM PDT by milagro (There is no peace in appeasement!)
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To: milagro

Generally, no. As part of the plea, the defendant tells the court that the plea is voluntary and entered because the defendant is, in fact guilty.

As a general rule, a defendant who voluntarily and intelligently enters an unconditional guilty plea waives all defects in the proceeding, including constitutional defects that occurred before entry of the plea. See State v. Reynolds, 298 N.C. 380, 395 (1979).

While it might be argued that Flynn’s plea was not voluntary or intelligent because of the evidence withheld, the burden is very heavy, since that is not what he said when entering the plea. (Assuming the judge followed proper procedure when taking the plea.)


57 posted on 05/06/2020 9:01:39 AM PDT by mak5
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