Legal Opinion

Gardner v. Warden of Virginia State Penitentiary

Supreme Court of Virginia

Decided September 11, 1981No. Record No. 801713PublishedCited by 13 opinions

1Opinion of the CourtPoff, J.

We must decide whether a guilty plea, induced by a plea bargain, was constitutionally intelligent and voluntary when the bargain was not disclosed to the trial judge before the plea was accepted.

This is an appeal from an order entered in the court below August 12, 1980 denying a petition for a writ of habeas corpus. We review the evidence adduced at a plenary hearing ordered by this Court on a petition invoking our original jurisdiction.

William Howard Gardner, Jr., was tried in September 1973 for the murder of his wife. The Commonwealth’s Attorney agreed with Gardner’s counsel to recommend a…

2Cases cited8 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Brady v. United StatesSupreme Court of the United States · 1970
  3. Santobello v. New YorkSupreme Court of the United States · 1971
  4. Pointer v. TexasSupreme Court of the United States · 1965
  5. Duncan v. LouisianaSupreme Court of the United States · 1968

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3Cited by13 opinions

  1. James Edward Reid v. Page True, Warden, Sussex I State Prison, James Edward Reid v. Page True, Warden, Sussex I State PrisonCourt of Appeals for the Fourth Circuit · 2003
  2. James v. CommonwealthCourt of Appeals of Virginia · 1994
  3. Graham v. CommonwealthCourt of Appeals of Virginia · 1990
  4. Kerry Lee Winslow v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2013
  5. Morrissey v. Virginia State BarSupreme Court of Virginia · 1994

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