Legal Opinion

Smith v. Tinsley

District Court, D. Colorado

Decided November 7, 1963No. Civ. A. No. 8201PublishedCited by 1 opinion

1Opinion of the Court

DOYLE, District Judge.

In 1943, David Smith, the petitioner in the instant case, was arraigned in the District Court for and in the County of Pueblo, on an Information charging murder. Through his attorney, he entered a plea of guilty to second degree murder.

Both on a prior motion to vacate sentence and judgment under Rule 35(b) of the Colorado Rules of Criminal Procedure, and in the instant petition, Smith has alleged that the procedure followed on arraignment was unlawful in that: 1) he was permitted to plead guilty to a charge of second degree murder (rather than being required to plead to…

2Cases cited9 opinions

Fay v. NoiaSupreme Court of the United States · 1963
Brown v. AllenSupreme Court of the United States · 1953
Ex Parte HawkSupreme Court of the United States · 1944
Stilley v. TinsleySupreme Court of Colorado · 1963
People v. BrownSupreme Court of Colorado · 1930

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

3Cited by1 opinion

Martinez v. TinsleyDistrict Court, D. Colorado · 1965