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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a capital offense case (murder with qualifying circumstances), the arraignment is conducted in open court. The accused, represented by counsel, is asked to plead. After a brief colloquy, the judge accepts a written plea form signed by the accused and counsel, indicating a guilty plea and waiver of defenses, and immediately convicts and imposes sentence based solely on the pleaded admission. There is no in-court inquiry into voluntariness, and no record of the facts constituting the offense; the prosecution adduces no evidence. The defense objects that there was no proper inquiry into voluntariness and no factual basis on the record, but the court proceeds to judgment. (a) Identify the controlling rule on guilty pleas in capital offenses. (b) Distinguish how a guilty plea in capital offenses is treated differently from a guilty plea in non-capital offenses. (c) Apply the rule to the facts and state whether the conviction is valid or void, and explain the proper remedy if void.

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Clara

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