Legal Opinion

Robert Steven Mosher v. J. Edwin Lavallee, Superintendent, Clinton Correctional Facility, Dannemora,new York

Court of Appeals for the Second Circuit

Decided April 1, 1974No. 58, Docket 73-1354PublishedCited by 51 opinions

1Per curiam

On this appeal from an order entered in the Southern District of New York, Frederick van Pelt Bryan, District Judge, granting a state prisoner’s petition for a writ of habeas corpus after an evidentiary hearing, the essential issue is the correctness of the district court’s conclusion that the prisoner’s guilty plea must be vacated because it was involuntarily entered or because the prisoner was denied the effective assistance of counsel. We hold that the district court's findings of fact are not clearly erroneous and that its conclusions of law reflect a correct application of the…

2Cases cited7 opinions

  1. Santobello v. New YorkSupreme Court of the United States · 1971
  2. United States of America Ex Rel. Charles F. Scott v. Vincent R. Mancusi, Warden, Attica Prison, Attica, New YorkCourt of Appeals for the Second Circuit · 1970
  3. United States of America Ex Rel. Harvey A. Marcelin v. Vincent Mancusi, Superintendent of Attica State Prison, Attica, New YorkCourt of Appeals for the Second Circuit · 1972
  4. United States of America Ex Rel. Fred Lafay v. Hon. Harry Fritz, Superintendent of Auburn Correctional Facility, Auburn, New YorkCourt of Appeals for the Second Circuit · 1972
  5. United States Ex Rel. Flossie Bullock v. Warden, Westfield State Farm for WomenCourt of Appeals for the Second Circuit · 1969

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

3Cited by51 opinions

  1. Donovan Spence v. Superintendent, Great Meadow Correctional Facility, and Commissioner, New York State Department of Correctional ServicesCourt of Appeals for the Second Circuit · 2000
  2. Jonah Iaea v. Franklin Sunn, Director of the Department of Social Services, State of HawaiiCourt of Appeals for the Ninth Circuit · 1986
  3. Myers v. StateMississippi Supreme Court · 1991
  4. United States v. Peter A. Crusco and Phillip A. Cimmino. Appeal of Phillip CimminoCourt of Appeals for the Third Circuit · 1976
  5. Schmitt v. StateMississippi Supreme Court · 1990

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

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