Legal Opinion

Burton v. Terrell

Court of Appeals for the Fifth Circuit

Decided July 21, 2009No. 07-30842PublishedCited by 5 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Roy Burton petitions for habeas relief, urging that he was never advised of the maximum sentence he faced under Louisiana’s manslaughter statute, rendering his plea in the state prosecution involuntary. The district court rejected Burton’s claim. We granted a certifícate of appealability to consider the voluntariness issue and now AFFIRM.

I

Burton was charged with second degree murder and felony theft, and pleaded guilty to manslaughter. At the time that Burton committed his offense in April 2000, the statutory maximum sentence for manslaughter was forty…

2Cases cited20 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Blackledge v. AllisonSupreme Court of the United States · 1977
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. Valdez v. CockrellCourt of Appeals for the Fifth Circuit · 2001
  5. Dennis Thurl Dowthitt v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 2000

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3Cited by5 opinions

  1. Willard Allen v. Darrel VannoyCourt of Appeals for the Fifth Circuit · 2016
  2. Appleby v. WARDEN, NORTHERN REGIONAL JAILCourt of Appeals for the Fourth Circuit · 2010
  3. Appleby v. WARDEN, NORTHERN REGIONAL JAILCourt of Appeals for the Fourth Circuit · 2010
  4. Hastings v. CollierDistrict Court, W.D. Texas · 2021
  5. United States v. John EhrmanCourt of Appeals for the Fifth Circuit · 2019

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