United States v. Clark
District Court, W.D. Oklahoma
1Opinion of the Court
ORDER
DAUGHERTY, Chief Judge.
Pursuant to Rule 32(d), Federal Rules of Criminal Procedure the defendant, Herman Tracy Clark, has filed a Motion to Withdraw his plea of Nolo Contendere. In support thereof he alleges that:
“a) was coerced by counsel thru: misinformation as to length of sentence; erroneous advice as to the basis & necessity of the plea; and, by the threat of death penalty facing him in State Court proceedings.
b) counsel: ignored defendant’s continued assertions of innocence and entered defendant into a plea of ‘nolo con tendre’; erroneously informed defendant on 2 different…
2Cases cited32 opinions
- McCarthy v. United StatesSupreme Court of the United States · 1969
- MacHibroda v. United StatesSupreme Court of the United States · 1962
- Fontaine v. United StatesSupreme Court of the United States · 1973
- Fred J. Wellnitz v. Ray H. Page, Warden, Oklahoma State PenitentiaryCourt of Appeals for the Tenth Circuit · 1970
- United States v. Robert Artemus Burkeen, United States of America v. Harold Tucker MatlockCourt of Appeals for the Sixth Circuit · 1966
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3Cited by4 opinions
- State v. Richard Clarence PepperlingMontana Supreme Court · 1978
- United States v. RuthDistrict Court, D. Kansas · 1991
- Hicks v. OliverDistrict Court, D. Kansas · 1981
- Singh v. WinnDistrict Court, E.D. Michigan · 2022