Guilty Pleas and Sentence Enhancement: State v. Oliver
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Authors
Lautenbaugh, Scott A.
Issue Date
1990
Volume
23
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The United States Supreme Court in Gideon v. Wainwright held that convictions obtained in violation of the right to counsel were constitutionally unsound. In Burgett v. Texas, the Court held that convictions obtained in violation of the right to counsel could not be employed by a state to enhance a defendant's penalty as a habitual criminal or repeat offender following the defendant's conviction for a subsequent offense. As a result, the Nebraska Supreme Court in State v. Smith held that a prior conviction could be rendered invalid for enhancement purposes by proving at the enhancement or sentencing hearing that the prior conviction had been obtained in violation of the right to counsel...
Description
Citation
23 Creighton L. Rev. 385 (1989-1990)
Publisher
Creighton University School of Law