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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 with the accused, who is represented by counsel, appearing via a teleconferenced platform due to safety constraints. After a brief colloquy, the judge asks for the accused’s plea. The accused, following counsel’s nod, answers “Guilty” and signs a plea form waiving defenses. The court immediately convicts and imposes sentence based solely on the pleaded admission, with no prosecution evidence presented and no in-court elicitation of a factual basis. The defense objects that there was no proper inquiry into voluntariness and no record of the facts constituting the offense, 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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