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Utah Supreme Court· 4/10/1992

State v. Maguire

Citations

  • 830 P.2d 216
  • 184 Utah Adv. Rep. 39
  • 1992 Utah LEXIS 29
  • 1991 WL 124870

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a plea affidavit “can be .incorporated into the record” if the district court “conduct[s] an inquiry to establish that the defendant understands the affidavit and voluntarily signed it” (internal quotations omitted)
  • stating that compliance may be demonstrated on appeal by reference to the record of the plea proceedings
  • holding a plea statement is “properly incorporated in the record” when “the trial judge ascertains in the plea colloquy that the defendant has read, has understood, and acknowledges all the information contained therein”
  • describing relationship between plea affidavit and plea hearing in guaranteeing strict compliance with Rule 11
  • affirming the court of appeals' holding that Mr. Maguire had good cause to withdraw his guilty plea under Gibbons because the record did not show that the defen dant was properly informed as required by rule 11, he should be allowed to withdraw his plea
  • \The record before an appellate court must contain a basis for [the] findings [required by rule 11.]\

Source: CourtListener parenthetical corpus (CC0).

Judges: Durham, Hall, Howe, Zimmerman, Stewart

Read full opinion on CourtListener

Cited by

24 cases in this archive cite this case; the 20 most cited are listed.

Cites

4 cases in this archive are cited by this case.

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