Legal Opinion

Nardell U. Carter v. Daniel McCarthy Midge Carroll, John K. Van De Kamp

Court of Appeals for the Ninth Circuit

Decided December 23, 1986No. 85-6299PublishedCited by 107 opinions

1Opinion of the Court

REINHARDT, Circuit Judge:

We resolve here a question previously unaddressed by this circuit, i.e., whether a guilty plea is voluntarily and intelligently made when the trial judge fails to inform the accused of a mandatory parole term concomitant to the sentence. We hold it is not.

Nardell Carter was arrested and charged in 1981 with forgery and possession of stolen checks. He pleaded guilty pursuant to a plea bargain under which he was to receive a two-year sentence. He was then sentenced to a two-year term in state prison. His conviction was subject to Cal.Penal Code § 3000(a) (Deering 1980),…

2Cases cited17 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Boykin v. AlabamaSupreme Court of the United States · 1969
  3. Hill v. LockhartSupreme Court of the United States · 1985
  4. Brady v. United StatesSupreme Court of the United States · 1970
  5. Delaware v. Van ArsdallSupreme Court of the United States · 1986

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

3Cited by107 opinions

  1. William George Bonin v. Arthur Calderon, as Warden of San Quentin State Prison James Rowland, Director of the California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 1995
  2. Sheldon Sanders v. John Ratelle, Warden Daniel E. Lungren, Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1994
  3. Russell A. Tinsley v. Bob BorgCourt of Appeals for the Ninth Circuit · 1990
  4. Robert Lee Norris v. Henry Risley, WardenCourt of Appeals for the Ninth Circuit · 1989
  5. Howard T. Kreisner v. City of San DiegoCourt of Appeals for the Ninth Circuit · 1993

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

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