Legal Opinion

United States ex rel. Willbright v. Smith

District Court, S.D. New York

Decided November 15, 1982No. 81 Civ. 6574 (RWS)PublishedCited by 3 opinions

1Opinion of the Court

OPINION

SWEET, District Judge.

Theodore Willbright (“Willbright”) filed this habeas corpus petition in September 1981, claiming that his plea of guilty in state court was invalid because the court “failed to make any factual inquiry of Will-bright concerning his conduct which gave rise to the factual basis for the guilty plea.” The petition was referred to Magistrate Nina Gershon who, in her Report and Recommendation dated July 23,1982, concluded that Willbright’s contention that the state court was constitutionally required to make a factual basis inquiry is “without merit,” and recommended…

2Cases cited22 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. North Carolina v. AlfordSupreme Court of the United States · 1970
  3. Santobello v. New YorkSupreme Court of the United States · 1971
  4. McMann v. RichardsonSupreme Court of the United States · 1970
  5. McCarthy v. United StatesSupreme Court of the United States · 1969

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

3Cited by3 opinions

  1. Theodore Willbright v. Harold J. Smith, Superintendent, Attica Correctional Facility, RespondentCourt of Appeals for the Second Circuit · 1984
  2. Smith v. ScullyDistrict Court, S.D. New York · 1984
  3. Willbright (Theodore) v. Smith (Harold J.)Court of Appeals for the Second Circuit · 1983

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