Legal Opinion

United States v. Clark

District Court, W.D. Oklahoma

Decided July 28, 1976No. CR-75-32PublishedCited by 4 opinions

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

  1. McCarthy v. United StatesSupreme Court of the United States · 1969
  2. MacHibroda v. United StatesSupreme Court of the United States · 1962
  3. Fontaine v. United StatesSupreme Court of the United States · 1973
  4. Fred J. Wellnitz v. Ray H. Page, Warden, Oklahoma State PenitentiaryCourt of Appeals for the Tenth Circuit · 1970
  5. United States v. Robert Artemus Burkeen, United States of America v. Harold Tucker MatlockCourt of Appeals for the Sixth Circuit · 1966

27 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. Richard Clarence PepperlingMontana Supreme Court · 1978
  2. United States v. RuthDistrict Court, D. Kansas · 1991
  3. Hicks v. OliverDistrict Court, D. Kansas · 1981
  4. Singh v. WinnDistrict Court, E.D. Michigan · 2022

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