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523 F.2d 539·
2d Cir.·
1975-08-07
·cited 6×
The court held that the district court erred in vacating guilty pleas without an evidentiary hearing, given conflicting psychiatric reports regarding the defendant's competency.
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453 F.2d 1334·
10th Cir.·
1972-01-14
·cited 6×
The court held that the trial court failed to comply with Fed.R.Crim.P. 11 by not informing the defendant of the consequences of his guilty plea.
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452 F.2d 1001·
5th Cir.·
1971-12-15
·cited 6×
The court held that the district court erred in denying the motion to vacate without determining if the defendant understood the consequences of his guilty plea.
-
430 F.2d 650·
3d Cir.·
1970-06-16
·cited 6×
The court held that the rule requiring an on-record showing of an intelligent and voluntary guilty plea, established in Boykin v. Alabama, should not be applied retroactively to void a plea that was in fact knowing and voluntary.
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419 F.2d 379·
9th Cir.·
1969-12-08
·cited 6×
The court held that the California kidnapping statute is not unconstitutional and that the trial judge complied with Rule 11 requirements for accepting a guilty plea.
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462 F.2d 163·
5th Cir.·
1972-06-27
·cited 4×
A guilty plea is invalid if entered without full knowledge of the maximum consequences, and the record must show awareness of the maximum imposable sentence.
-
461 F.2d 1195·
9th Cir.·
1972-06-14
·cited 4×
The court held that the district court did not err in denying an evidentiary hearing on the voluntariness of the guilty plea, as the record and applicable law at the time supported the plea's validity.
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442 F.2d 302·
9th Cir.·
1971-05-10
·cited 4×
The court held that the appellant's guilty plea was knowing and intelligent, and that the state trial judge's colloquy was sufficient under the law at the time.
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428 F.2d 447·
5th Cir.·
1970-04-20
·cited 4×
The court held that the denial of the motion to vacate the sentence was proper because the defendant received an evidentiary hearing and the McCarthy rule, which requires setting aside pleas not in compliance with Rule 11, applies prospectively.
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425 F.2d 244·
7th Cir.·
1970-03-31
·cited 4×
The court held that the district court did not err in dismissing a successive motion under 28 U.S.C. § 2255, as the issues had been previously decided on the merits and the petitioner failed to appeal that prior decision.
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903 F.2d 760·
10th Cir.·
1990-05-14
·cited 2×
The court held that the "relation back doctrine" does not apply to noncharitable gifts and that the decedent retained dominion and control over the funds until the checks were cashed in 1981, making them includible in her estate for tax purposes.
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505 F.2d 957·
5th Cir.·
1974-12-30
·cited 2×
The court held that the trial court failed to comply with Rule 11's requirement to establish a factual basis for the guilty plea.
-
M.D. Fla.·
2021-02-03
A defendant's awareness of a sentencing range does not transform an open plea into a plea agreement, and therefore does not entitle them to relief under Rule 60(b).
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573 F.2d 14·
10th Cir.·
1978-03-10
The court held that the defendant's Sixth Amendment right to counsel was not violated and affirmed the conviction, but allowed for a motion to correct the sentence.
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456 F.2d 164·
10th Cir.·
1972-03-13
The court held that the Jenkins decision, requiring notification of parole ineligibility before a guilty plea, does not apply retroactively to pleas entered before April 2, 1969.
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441 F.2d 1377·
5th Cir.·
1971-05-07
The court held that the petitioner's guilty plea was voluntary and understood, and that the district court properly denied his petition.