Legal Opinion
Clarence Ballard v. Ross Maggio, Jr., Acting Warden, Louisiana State Penitentiary
Court of Appeals for the Fifth Circuit
Decided January 10, 1977No. 75-2199PublishedCited by 8 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
Clarence Ballard, acting on advice from his retained counsel, pleaded guilty to manslaughter. He had been indicted for murder and the guilty plea was the result of a plea bargain, although it turned out to be not much of a bargain in the end. After the plea but before sentencing Ballard retained new counsel who entered a motion to withdraw the plea. The motion stated the following grounds for withdrawal:
1) defendant is not guilty of either the crime he has pled not guilty to or the crime that he has pled guilty to;
2) defendant entered his plea of guilty through…
2Cases cited10 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Fay v. NoiaSupreme Court of the United States · 1963
- Tollett v. HendersonSupreme Court of the United States · 1973
- Darr v. BurfordSupreme Court of the United States · 1950
- Otis Ray Fitzgerald v. W. J. Estelle, Director Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1975
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Arthur Houston v. W. J. Estelle, Jr., Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1978
- United States of America Ex Rel. Thomas Trantino v. Robert Hatrack, Superintendent, New Jersey State Prison at RahwayCourt of Appeals for the Third Circuit · 1977
- Norman Silverstein v. Robert HendersonCourt of Appeals for the Second Circuit · 1983
- Doescher v. EstelleDistrict Court, N.D. Texas · 1978
- Arthur Joseph Beshaw v. Charles Fenton, Warden U. S. PenitentiaryCourt of Appeals for the Third Circuit · 1980
3 more not listed; retrieve them via the Exa API.