defendant without any viable defense (California) · Go Syfert
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defendant without any viable defense in California

10 California opinions name it 2 courts 2018–2026 6 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
People v. Martinezgreen
cal · 2013 · cited in 2 California opinions naming this issue, 2024–2026
2 sentences

2026And a defendant facing such long odds will rarely be able to show prejudice from accepting a guilty plea that offers him a better resolution than would be likely after trial.” (Lee v. U.S. (2017) 582 U.S. 357, 367 .) “[A] factor pertinent to the decision to accept or reject a plea may be the ‘“disparity between the terms of the proposed plea bargain and the probable consequences of proceeding to trial, as viewed at the time of the offer . . . .”’” (Martinez, supra, 57 Cal.4th at p. 564 .) At the time of the 2009 offer, appellant faced a lengthy potential sentence of 16 months, 2, or 3 years on

2024His plea to five years for one count of criminal threats was extremely favorable compared to the maximum sentence he faced if he proceeded to trial (Espinoza, supra, 14 Cal.5th at p. 320 [difference between bargained-for term and likely term if convicted at trial is relevant factor]), and nothing in the record suggests that appellant had, or believed he had, any viable defenses to the charges he faced (see Lee v. United States (2017) 582 U.S. 357 , 367 [“A defendant without any viable defense will be highly likely to lose at trial”]; People v. Martinez (2013) 57 Cal.4th 555, 564 [“ ‘an appella

12
People v. Vivargreen
cal · 2021 · cited in 1 California opinions naming this issue, 2024–2024
1 sentence

2024Nor did appellant provide any evidence that at the time of his plea he “had reason to believe an immigration-neutral negotiated disposition was possible” (Vivar, supra, 11 Cal.5th at p. 530; People v. Abdelsalam (2022) 73 Cal.App.5th 654 , 665).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Jae Lee v. United States green
scotus · 2017
2 sentences

2024His plea to five years for one count of criminal threats was extremely favorable compared to the maximum sentence he faced if he proceeded to trial (Espinoza, supra, 14 Cal.5th at p. 320 [difference between bargained-for term and likely term if convicted at trial is relevant factor]), and nothing in the record suggests that appellant had, or believed he had, any viable defenses to the charges he faced (see Lee v. United States (2017) 582 U.S. 357 , 367 [“A defendant without any viable defense will be highly likely to lose at trial”]; People v. Martinez (2013) 57 Cal.4th 555, 564 [“ ‘an appella

2022Presumably, the strength or weakness of available defenses would have been a consideration in deciding whether to plead no contest.10 According to the probation report, Magana claimed he 10 “A defendant without any viable defense . . . will rarely be able to show prejudice from accepting a guilty plea that offers him a better resolution than would be likely after trial” because the defendant “will be highly likely to lose at trial” and therefore “highly likely” to “accept a plea.” ( Lee, supra, 582 U.S. __ [ 137 S.Ct. at p. 1966 ].) Lee explained that such a defendant might rationally reject a

102018–2026

Statutes the citing opinions construe

USC § 8u.s.c.1227 (5) USC § 8u.s.c.1101 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 10 (2018–2026) OH 2 (2019–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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