Legal Opinion

Jimmy F. Smith v. O.L. McCotter Director, Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided April 7, 1986No. 85-1321PublishedCited by 62 opinions

1Opinion of the Court

GARWOOD, Circuit Judge:

Jimmy F. Smith appeals pro se the district court’s denial of his application for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his November 1980 Texas conviction for aggravated robbery, for which he received a twenty year sentence. Smith had originally pleaded not guilty but changed his plea during jury deliberations. Smith appeals the district court’s denial of relief, claiming (1) that his guilty plea was unknowing and involuntary because he was not informed that he was ineligible for probation when his guilty plea form intimated that probation was…

2Cases cited29 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Jackson v. VirginiaSupreme Court of the United States · 1979
  3. Hill v. LockhartSupreme Court of the United States · 1985
  4. Tollett v. HendersonSupreme Court of the United States · 1973
  5. Lisenba v. CaliforniaSupreme Court of the United States · 1942

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3Cited by62 opinions

  1. State v. Montgomery (Slip Opinion)Ohio Supreme Court · 2016
  2. Willie D. Armstead v. Wayne Scott, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1994
  3. Matthew v. JohnsonCourt of Appeals for the Fifth Circuit · 2000
  4. United States v. Erwin Darrell NewmanCourt of Appeals for the Ninth Circuit · 1990
  5. Metheny v. StateCourt of Appeals of Maryland · 2000

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