Legal Opinion

Richard Melton Davis v. United States

Court of Appeals for the Fifth Circuit

Decided May 5, 1967No. 23159_1PublishedCited by 20 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge:

Convicted on his plea of guilty of bank robbery with a dangerous weapon, in violation of 18 U.S.C. Secs. 2113(a), (d), and sentenced to serve 20 years, appellant filed this Sec. 2255 motion contending that his conviction must be vacated because the district court had erred in failing to advise him of his constitutional right under the Sixth Amendment to the assistance of counsel in determining whether to enter a guilty plea. The court below denied the motion after a hearing. We agree with appellant and vacate the conviction.

Appellant was arrested by Dallas city police…

2Cases cited8 opinions

  1. Hamilton v. AlabamaSupreme Court of the United States · 1961
  2. Clyde Harvey v. State of MississippiCourt of Appeals for the Fifth Circuit · 1965
  3. James E. Papworth v. United StatesCourt of Appeals for the Fifth Circuit · 1958
  4. Frank M. Williams v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1965
  5. James R. Davis v. William C. Holman, Warden of Kilby Prison, Montgomery, AlabamaCourt of Appeals for the Fifth Circuit · 1966

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3Cited by20 opinions

  1. United States v. TuckerSupreme Court of the United States · 1972
  2. Jose Verdugo and Horace Eugene Turner v. United StatesCourt of Appeals for the Ninth Circuit · 1968
  3. Lawrence Leroy Farrow v. United StatesCourt of Appeals for the Ninth Circuit · 1978
  4. Childress v. JohnsonCourt of Appeals for the Fifth Circuit · 1997
  5. United States v. MackUnited States Court of Military Appeals · 1980

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