Legal Opinion

Ruch O. Nichols v. United States

Court of Appeals for the Fifth Circuit

Decided December 5, 1962No. 19678_1PublishedCited by 5 opinions

1Per curiam

With the invaluable assistance of court-appointed counsel, much of the confusion of this confused and confusing record— prepared as it was by petitioner without legal assistance — has been eliminated. It is now quite clear that the § 2255 motion does set forth with requisite positiveness a factual statement that petitioner’s pleas of guilty were brought about by promises that his total sentence for all counts and crimes would be five years, rather than the ten year cumulative sentence imposed. No hearing was held to ascertain the truth as to such contentions. Nor was there as to the…

2Cases cited5 opinions

  1. MacHibroda v. United StatesSupreme Court of the United States · 1962
  2. United States v. HaymanSupreme Court of the United States · 1952
  3. J. Paul Shelton v. United StatesCourt of Appeals for the Fifth Circuit · 1957
  4. Shelton v. United StatesSupreme Court of the United States · 1958
  5. Robert Louis Porter v. United StatesCourt of Appeals for the Fifth Circuit · 1962

3Cited by5 opinions

  1. State v. RobbinsNew Mexico Supreme Court · 1967
  2. Application of ParhamCourt of Appeals of Arizona · 1967
  3. Herbert E. Juelich v. United StatesCourt of Appeals for the Fifth Circuit · 1963
  4. United States v. HarrisDistrict Court, S.D. Florida · 1962
  5. Rush O. Nichols v. United StatesCourt of Appeals for the Fifth Circuit · 1964

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