NCJ Number
13486
Journal
Criminal Law Bulletin Volume: 10 Issue: 2 Dated: (MARCH 1974) Pages: 149-159
Date Published
1974
Length
11 pages
Annotation
ANALYSIS OF 'TOLLETT V. HENDERSON,' A 1973 SUPREME COURT DECISION WHICH HELD THAT A COUNSELED GUILTY PLEA PRECLUDED CHALLENGING THE INDICTMENT ON THE GROUND THAT BLACKS WERE SYSTEMATICALLY EXCLUDED FROM THE GRAND JURY.
Abstract
THE AUTHOR BELIEVES THAT THERE WAS LITTLE LEGAL SUPPORT FOR THE 'TOLLETT' DECISION, AND FEARS THAT THE SUPREME COURT MAY DECIDE CASES WITH SIMILAR ISSUES ACCORDINGLY. AT ISSUE IS A VIEW OF A GUILTY PLEA AS A BREAK IN THE CHAIN OF EVENTS PRECEDING THE PLEA, AS OPPOSED TO A VIEW THAT A GUILTY PLEA IS NOT VOLUNTARY IF BASED ON FEAR OF A HIGHER PENALTY OR SIMPLY CONVICTION AND IT THEN DEVELOPES THAT THE LAW WHICH INDUCED THE FEAR IS FOUND TO BE UNCONSTITUTIONAL. ULTIMATELY, THE QUESTION IS WHETHER A COUNSELED GUILTY PLEA IS OPEN TO ANY CHALLENGE BUT THE RESTRICTIVE CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL OR THE RARE SITUATION OF LACK OF JURISDICTION. (AUTHOR ABSTRACT)