Derrick Loftis v. Almager, 2012 WL 6183531

Loftis sold methamphetamine to a 15-year-old; Celena V. ingested it and deteriorated.
Celena’s condition worsened; Loftis and others moved Celena toward a hospital but stopped before seeking care.
Celena died; Loftis and co‑defendants removed her body and drove to a casino afterward.
Loftis pled no contest to second-degree murder in exchange for dismissal of other charges.
Trial court conducted a plea colloquy and accepted the no contest plea citing People v. West.
Loftis argued there was no factual basis for the plea; appellate court found error, but harmless under state law.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a factual basis is constitutionally required for a West/no contest plea	Loftis	Loftis	No constitutional requirement; harmless if no innocence claim
Whether West is equivalent to Alford for due process concerns	Loftis	Loftis	West is not automatically Alford; but Alford concerns may apply when innocence is claimed
Whether the state court’s failure to find a factual basis was harmless under federal review	Loftis	Loftis	Harmless unless substantial evidence indicates guilt; court affirmed denial of habeas relief

People v. West, 3 Cal.3d 595 (Cal. 1970) (West plea linked to plea bargaining; examined in Alford context)
North Carolina v. Alford, 400 U.S. 25 (U.S. 1970) (allows guilty plea despite protestations of innocence with factual basis test)
Roe v. Flores-Ortega, 528 U.S. 470 (U.S. 2000) (discusses West plea and lack of direct admission of guilt)
United States v. Vidal, 504 F.3d 1072 (9th Cir. 2007) (West plea and factual basis in context of prior conviction for sentencing)
United States v. Mancinas-Flores, 588 F.3d 677 (9th Cir. 2009) (addressed Rule 11(f) factual basis in context of appeal; not habeas directly)
Rodriguez v. Ricketts, 111 F.2d 527 (9th Cir. 1985) (discusses special innocence-related circumstances and factual basis)