Post-Conviction Relief for Immigrants

The Constitution requires a knowing and intelligent waiver of the right to confront witnesses in order for a plea to be valid.  The same basic law and rules apply here as in the context of the rights to trial by jury and right to remain silent.[329]  The defendant’s right to be present at critical stages is closely akin to the right of confrontation.[330]

[329] See § § 6.35-6.36, supra; Boykin v. Alabama, 395 U.S. 238 (1969) (valid waiver of fundamental constitutional rights, including right to confrontation, may not be presumed from a silent record); F.R. Crim. P. 11(c)(3), (4).

[330] Campbell v. Rice, 302 F.3d 892 (9th Cir. September 4, 2002) (habeas petitioner’s due process rights violated by exclusion from in-chambers hearing on defense counsel’s potential conflict of interest, and such violation was a structural error which was prejudicial per se).