Legal Opinion · Dissent

Charles E. Duffy, F-2268 v. Julius T. Cuyler and District Attorney, Philadelphia County

Court of Appeals for the Third Circuit

Decided June 12, 1978No. 77-2099Published

1DissentGarth, Circuit Judge

I dissent from the majority opinion, but I do so most reluctantly. My reluctance stems from the fact that the learned state trial judge, Judge Richette, took great pains to satisfy herself that she could justifiably accept Duffy’s plea.

Although one of the issues raised before us concerns a failure by the trial judge to delineate the various elements of the crimes charged, Judge Weis, writing for the majority, very properly points to the extensive care taken by trial Judge Richette at the plea hearing to explore and expose the State’s evidence, thereby satisfying that aspect of Duffy’s nolo…

2Cases cited25 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. North Carolina v. AlfordSupreme Court of the United States · 1970
  4. McCarthy v. United StatesSupreme Court of the United States · 1969
  5. Von Moltke v. GilliesSupreme Court of the United States · 1948

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API