Legal Opinion

Fielder v. State

Court of Appeals of Texas

Decided October 14, 1992No. 2-90-228-CRPublishedCited by 14 opinions

1Opinion of the Court

OPINION

JOE SPURLOCK, II, Justice.

Pamela McGoldrick Fielder appeals a conviction for voluntary manslaughter pursuant to a plea bargain agreement before the court. The issue is whether Fielder’s nolo contendere plea was voluntary. We find it was involuntary because Fielder’s lawyer misrepresented to her that she would not have to do jail time as a consequence of her plea; she had no notice that jail time would be a consequence of her plea; and the judge did not try to ensure that the plea was voluntary. We reverse the judgment of the trial court and remand with instructions to either enforce…

2Cases cited22 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. Perkins v. Court of Appeals for Third Supreme Judicial District of TexasCourt of Criminal Appeals of Texas · 1987
  3. Ex Parte GriffinCourt of Criminal Appeals of Texas · 1984
  4. West v. StateCourt of Criminal Appeals of Texas · 1986
  5. Ex Parte AustinCourt of Criminal Appeals of Texas · 1988

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

3Cited by14 opinions

  1. Bushnell v. State, Texas Court of Appeals, 14th District (Houston)1998
  2. Zinn v. State, Texas Court of Appeals, 13th District2000
  3. Flowers v. StateCourt of Appeals of Texas · 1997
  4. Grodis v. StateCourt of Appeals of Texas · 1996
  5. Johnson v. State, Texas Court of Appeals, 3rd District (Austin)2008

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

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