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Waiver, Intentional, Waiver Of Right To Appeal

Bible DictionaryThe 'Lectric Law Library
WAIVER, INTENTIONAL - When someone knew they had a right to do something and voluntarily or intentionally gave up that right. (2) Document signed by a director or stockholder under which the director or stockholder gives up her or his right to receive notice of the time, date, and place of a particular meeting.

WAIVER OF RIGHT TO APPEAL: A defendant may waive the statutory right to appeal his sentence. Navarro-Botello, 912 F.2d at 321. However, an express waiver of the right to appeal a sentence is valid only if knowingly and voluntarily made. Bolinger, 940 F.2d at 480; Navarro-Botello, 912 F.2d at 322. Courts look to circumstances surrounding the signing and entry of the plea agreement to determine whether the defendant agreed to its terms knowingly and voluntarily. See, e.g., Navarro-Botello, 912 F.2d at 321.


Courtesy of the 'Lectric Law Library.

 

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