5. Which of these grounds provides a constitutional basis for relief?

Six months later, the defendant filed a motion to set aside his guilty plea on each of the following grounds.

The presiding judge asked the defendant whether he understood the nature of the charges, possible defenses, and maximum allowable sentences. The defendant replied that he did, and the judge reviewed all of those matters with him. He then asked the defendant whether he understood that he did not have to plead guilty. When the defendant responded that he knew that, the judge accepted the plea and sentenced the defendant to 25 years.

The defendant was indicted in a state court in January 1985 for a robbery and murder that occurred in December 1982. He retained counsel who filed a motion to dismiss on the ground that the defendant had been prejudiced by a 25-month delay in obtaining the indictment. Thereafter, the defendant, with his counsel, appeared in court for arraignment and stated that he wished to plead guilty.

The judge did not rule on his motion to dismiss before accepting the guilty plea
The judge did not determine that the defendant had robbed and killed the victim
The judge did not determine whether the defendant understood that he had a right to jury trial
The judge did not determine whether the prosecutor's file contained any undisclosed exculpatory material

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A guilty plea waives various rights, including the right to a jury trial under the Sixth Amendment. The court must establish that the plea is voluntary and intelligent by addressing the defendant in open court on the record. McCarthy v. United States, 394 U.S. 459 (1969). The judge must be sure that the defendant knows and understands: (i) the nature of the charge (s) against him and the crucial elements of the crime (s); (ii) the maximum possible penalty and any mandatory minimum; and (iii) that he has the right to plead not guilty and that if he does plead guilty, he waives the right to trial. If the defendant is not fully advised of each of his constitutional rights and/or does not knowingly and voluntarily waive each of those rights, the plea will be subject to a motion to set it aside.

Federal Rule of Criminal Procedure 11(b)(3) requires that the judge ascertain a factual basis for accepting a guilty plea, although this does not mean the judge has to determine that the defendant did, in fact, commit the crime.

C is correct. If the judge did not determine whether or not the defendant understood that he had the constitutional right to a jury trial, the defendant could not have voluntarily waived that right, and his motion to set aside the plea should be granted.

A is incorrect. The judge is not required to rule on all pre-trial motions prior to accepting the entry of a guilty plea. A guilty plea may be knowingly and voluntarily entered at any time, even if there are pending pre-trial motions.

B is incorrect. For the court to properly accept a guilty plea, the judge is not required to make a factual determination that the defendant committed the offense charged. The judge is only required to determine that a factual basis exists for the plea. Fed. R. Crim. P. 11(b)(3).

D is incorrect. The prosecutor's duty to disclose exculpatory material does not have to be fulfilled prior to the court's acceptance of a knowing and voluntary guilty plea.

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5. Which of these grounds provides a constitutional basis for relief?

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