Legal Opinion

Clarence T. Gladden, Warden, Oregon State Penitentiary v. James W. S. Gidley

Court of Appeals for the Ninth Circuit

Decided October 14, 1964No. 19176_1PublishedCited by 14 opinions

1Opinion of the Court

BROWNING, Circuit Judge.

Appellee’s petition for habeas corpus alleged that his plea of guilty was not a voluntary and understanding act, and that state court remedies had been exhausted. The district court issued orders to show cause, to which the State responded by producing the record of appellee’s arraignment, sentencing, and post-conviction proceedings.

The district court granted the writ, 1 holding that the transcript of the arraignment conclusively established that appellee’s guilty plea was not understandingly and voluntarily made.

The district court noted that a state trial court had…

2Cases cited6 opinions

  1. Fay v. NoiaSupreme Court of the United States · 1963
  2. Walker v. JohnstonSupreme Court of the United States · 1941
  3. United States of America Ex Rel. Thomas Meers, Relator-Appellee v. Walter H. Wilkins, Warden of Attica State Prison, Attica, New YorkCourt of Appeals for the Second Circuit · 1964
  4. Billy Joe Wright v. Fred R. Dickson, Warden, California State PenitentiaryCourt of Appeals for the Ninth Circuit · 1964
  5. Tiberg v. WarrenCourt of Appeals for the Ninth Circuit · 1911

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

3Cited by14 opinions

  1. Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
  2. United States of America Ex Rel. Leon Blackwell, Cross-Appellant v. Gayle M. Franzen and Marvin Reed, Cross-AppelleesCourt of Appeals for the Seventh Circuit · 1982
  3. Richard Lee Ingle v. Cletus J. Fitzharris, SuperintendentCourt of Appeals for the Ninth Circuit · 1967
  4. Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
  5. Gidley v. GladdenDistrict Court, D. Oregon · 1965

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

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