Legal Opinion
Russell G. Smart v. Charles J. Scully, Superintendent, Green Haven Correctional Facility, and Executive Director, New York State Division of Parole
Court of Appeals for the Second Circuit
Decided April 7, 1986No. 117, Docket 85-2137PublishedCited by 19 opinions
1Opinion of the Court
PIERCE, Circuit Judge:
On August 20, 1982, appellant Smart moved pro se in Erie County Court, State of New York, to withdraw a plea of guilty he had entered on June 9, 1980, to a charge of grand larceny. He moved pursuant to New York Criminal Procedure Law § 440.-10 (McKinney 1983) (NYCPL) alleging that his incompetence at the time of the plea rendered it involuntary and, therefore, unconstitutional. On September 17, 1982, the state judge denied the motion on two grounds. She stated:
The moving papers must contain sworn allegations concerning all the essential facts necessary to support…
2Cases cited18 opinions
- Wainwright v. SykesSupreme Court of the United States · 1977
- United States v. FradySupreme Court of the United States · 1982
- Fay v. NoiaSupreme Court of the United States · 1963
- Engle v. IsaacSupreme Court of the United States · 1982
- Reed v. RossSupreme Court of the United States · 1984
13 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Charles C. Greiner v. Ronald WellsCourt of Appeals for the Second Circuit · 2005
- William Junior Hughes v. Idaho State Board of CorrectionsCourt of Appeals for the Ninth Circuit · 1986
- Phillips v. FergusonCourt of Appeals for the Tenth Circuit · 1999
- Shaw v. ScullyDistrict Court, S.D. New York · 1987
- Lotze v. HokeDistrict Court, E.D. New York · 1987
14 more not listed; retrieve them via the Exa API.