Legal Opinion

Gilbert Joaquin Aguilar v. H. v. Field

Court of Appeals for the Ninth Circuit

Decided March 6, 1970No. 23956_1PublishedCited by 6 opinions

1Per curiam

Appellant complains of the denial of his petition for habeas corpus without a hearing. His contention is that the trial court should have conducted a hearing on the two issues: (1) whether he was adequately represented by counsel at the time of his plea of guilty, and (2) whether his plea was the product of coercion.

With respect to the first contention it is clear that he alleged no facts which required a hearing under § 2243 U.S.C.A. Title 28. His petition alleged that his privately retained counsel advised him that he was the victim of an illegal search and that he could successfully defend…

2Cases cited2 opinions

  1. Lawrence E. Wallace v. Robert A. Heinze, Warden, California State Prison, Represa, CaliforniaCourt of Appeals for the Ninth Circuit · 1965
  2. Howard Smith v. Lawrence Wilson, Warden, Etc.Court of Appeals for the Ninth Circuit · 1967

3Cited by6 opinions

  1. Jerry Spencer Diamond v. United StatesCourt of Appeals for the Ninth Circuit · 1970
  2. Weinstein v. United StatesDistrict Court, C.D. California · 1971
  3. Martini v. SheriffDistrict Court, C.D. California · 1971
  4. Brewer v. ReubartDistrict Court, D. Nevada · 2023
  5. Brewer v. ReubartDistrict Court, D. Nevada · 2023

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