Legal Opinion

United States of America Ex Rel. John McGrath v. J. E. Lavallee, Warden of Clinton Prison, Dannemora, New York

Court of Appeals for the Second Circuit

Decided June 12, 1963No. 28087_1PublishedCited by 124 opinions

1Opinion of the Court

KAUFMAN, Circuit Judge.

Appellant is serving a prison sentence under a judgment entered in the County Court of Queens County, New York, upon a plea of guilty to the crime of second degree robbery. His application for a writ of habeas corpus, founded upon the contention that his guilty plea was not entered voluntarily, was denied by District Judge Brennan without a hearing. Appellant had previously raised this contention in the state courts on application for a writ of coram nobis and his application was there also denied without hearing. The denial was affirmed in the Appellate Division, the…

2Cases cited36 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Townsend v. SainSupreme Court of the United States · 1963
  3. Fay v. NoiaSupreme Court of the United States · 1963
  4. MacHibroda v. United StatesSupreme Court of the United States · 1962
  5. Kercheval v. United StatesSupreme Court of the United States · 1927

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

3Cited by124 opinions

  1. Blackledge v. AllisonSupreme Court of the United States · 1977
  2. David Busby v. William C. Holman, Warden, Kilby PrisonCourt of Appeals for the Fifth Circuit · 1966
  3. United States Ex Rel. Elksnis v. GilliganDistrict Court, S.D. New York · 1966
  4. Jimmy Frank v. Frank Blackburn, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1980
  5. Commonwealth ex rel. Kerekes v. MaroneySupreme Court of Pennsylvania · 1966

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

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