Legal Opinion

Ray Black Carpenter v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Court of Appeals for the Fifth Circuit

Decided February 2, 1967No. 24026PublishedCited by 24 opinions

1Opinion of the Court

GRIFFIN B. BELL, Circuit Judge:

This appeal is from the denial of a petition for writ of habeas corpus without a hearing and without answer from the respondent. It is conceded that state remedies had been exhausted and the denial was on the merits. The issue presented is whether the allegations of the petition were such as to require a hearing on the issue of whether appellant’s plea of guilty to rape was coerced. We reverse.

A plea of guilty, if voluntarily and understandingly made, is conclusive as to defendant’s guilt, admitting all of the facts charged, and waiving all non-jurisdictional…

2Cases cited6 opinions

  1. Townsend v. SainSupreme Court of the United States · 1963
  2. Waley v. JohnstonSupreme Court of the United States · 1942
  3. David Busby v. William C. Holman, Warden, Kilby PrisonCourt of Appeals for the Fifth Circuit · 1966
  4. Jones v. StateDistrict Court of Appeal of Florida · 1964
  5. Willard Broxson v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1967

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

3Cited by24 opinions

  1. McMann v. RichardsonSupreme Court of the United States · 1970
  2. United States ex rel. Ross v. McMannCourt of Appeals for the Second Circuit · 1969
  3. United States Ex Rel. Willie Richardson v. Daniel McMann Warden, Clinton Prison, Dannemora, New YorkCourt of Appeals for the Second Circuit · 1969
  4. John Frank Smith v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1967
  5. United States of America Ex Rel. Wilbert Ross, Relator-Appellant v. Daniel McMann as Warden of Clinton Prison, Dannemora, New York, United States of America Ex Rel. Foster Dash v. The Hon. Harold W. Follette, Warden of Green Haven State Prison, Stormville, New YorkCourt of Appeals for the Second Circuit · 1969

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

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