Legal Opinion
Daryl Lee Hart v. Marion Correctional Institution Attorney General, State of Ohio
Court of Appeals for the Sixth Circuit
Decided March 5, 1991No. 90-3300PublishedCited by 89 opinions
1Opinion of the Court
BOYCE F. MARTIN, Jr., Circuit Judge.
Daryl Lee Hart pled guilty to six counts of rape on January 14, 1986. He filed a petition for writ of habeas corpus on April 28, 1989, asserting that his guilty plea was not knowingly, intelligently and voluntarily entered and that he received ineffective assistance of counsel. The trial judge and Hart’s attorneys incorrectly informed him that his maximum period of incarceration would only be 15 years. The actual period is 75 years, which Hart learned only after he entered his plea. Because of this, we find that Hart did not intelligently enter his plea;…
2Cases cited7 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Brady v. United StatesSupreme Court of the United States · 1970
- Santobello v. New YorkSupreme Court of the United States · 1971
- Sumner v. MataSupreme Court of the United States · 1981
- Kercheval v. United StatesSupreme Court of the United States · 1927
2 more not listed; retrieve them via the Exa API.
3Cited by89 opinions
- Harold McQueen Jr. v. Gene Scroggy, WardenCourt of Appeals for the Sixth Circuit · 1996
- Silas T. McAdoo v. Frank Elo, WardenCourt of Appeals for the Sixth Circuit · 2004
- Workman v. BellCourt of Appeals for the Sixth Circuit · 1998
- Terry Lynn King v. Michael Dutton, WardenCourt of Appeals for the Sixth Circuit · 1994
- Russell Ledbetter v. Ron Edwards, WardenCourt of Appeals for the Sixth Circuit · 1994
84 more not listed; retrieve them via the Exa API.