Legal Opinion

James v. Cain

Court of Appeals for the Fifth Circuit

Decided June 20, 1995No. 93-03773PublishedCited by 75 opinions

1Opinion of the Court

DeMOSS, Circuit Judge:

Petitioner Ronnie James brought this ha-beas corpus proceeding in the Eastern District of Louisiana claiming that his guilty plea to a second degree murder charge was involuntary due to his attorney misinforming him of the sentencing results of his plea bargain. For the reasons set forth below, we find that the district court erred in dismissing this suit without prejudice. Therefore, we reverse and remand to the district court for a determination of whether James has shown that he will be prejudiced by a dismissal of this petition as abuse of the writ.

I. Facts and…

2Cases cited34 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Gregg v. GeorgiaSupreme Court of the United States · 1976
  3. Murray v. CarrierSupreme Court of the United States · 1986
  4. United States v. FradySupreme Court of the United States · 1982
  5. Furman v. GeorgiaSupreme Court of the United States · 1972

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3Cited by75 opinions

  1. Silas T. McAdoo v. Frank Elo, WardenCourt of Appeals for the Sixth Circuit · 2004
  2. Jeter v. AstrueCourt of Appeals for the Fifth Circuit · 2010
  3. Means v. StateNevada Supreme Court · 2004
  4. Beavers v. SaffleCourt of Appeals for the Tenth Circuit · 2000
  5. Montoya v. JohnsonCourt of Appeals for the Fifth Circuit · 2000

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

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