Legal Opinion
Robert Barber v. United States
Court of Appeals for the Tenth Circuit
Decided June 9, 1970No. 620-69PublishedCited by 17 opinions
1Per curiam
Petitioner-appellant seeks relief under 28 U.S.C. § 2255 from the 1959 sentence imposed after his guilty plea to various narcotic offenses. He alleges that the plea was accepted without satisfaction of the requirements of Rule 11, F.R.Crim.P. The district court denied relief without an evidentiary hearing. In so doing it relied on the transcript of the arraignment proceedings.
In 1959, Rule 11 required that before accepting a guilty plea the court first determine that the plea was made voluntarily and with understanding of the charge. In the case at bar, the court engaged in extensive…
2Cases cited7 opinions
- McCarthy v. United StatesSupreme Court of the United States · 1969
- Halliday v. United StatesSupreme Court of the United States · 1969
- George Richard Heiden, Jr. v. United StatesCourt of Appeals for the Ninth Circuit · 1965
- Thomas Russell Crow v. United StatesCourt of Appeals for the Tenth Circuit · 1968
- Paul Handy Nunley v. United StatesCourt of Appeals for the Tenth Circuit · 1961
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Peter Ray Laycock v. State of New MexicoCourt of Appeals for the Tenth Circuit · 1989
- William Marrow v. United StatesCourt of Appeals for the Ninth Circuit · 1985
- United States v. George Frazier, A/K/A Shakir H. FrazierCourt of Appeals for the Seventh Circuit · 1983
- David Thomas Carey v. Bobby J. Leverette, Warden, West Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1979
- Allison v. StateCourt of Criminal Appeals of Alabama · 1986
12 more not listed; retrieve them via the Exa API.