Legal Opinion
United States of America Ex Rel. Wallace Culbreath v. Alfred t.rundle
Court of Appeals for the Third Circuit
Decided September 5, 1972No. 71-1750PublishedCited by 61 opinions
1Opinion of the Court
OPINION OF THE COURT
JAMES ROSEN, Circuit Judge.
This is an appeal from the denial of a writ of habeas corpus. The issue before us is whether a state trial judge erred in refusing to permit Culbreath to withdraw his plea of guilty to a murder indictment prior to the imposition of sentence.
The Pennsylvania Supreme Court held that an application for leave to withdraw a plea of guilty is a matter of judicial discretion and it will not be reversed in the absence of a clear abuse of discretion or an error of law which controlled the lower court’s decision. 1 That court specifically found that the…
2Cases cited13 opinions
- Giglio v. United StatesSupreme Court of the United States · 1972
- Santobello v. New YorkSupreme Court of the United States · 1971
- Dukes v. Warden, Connecticut State PrisonSupreme Court of the United States · 1972
- Commonwealth v. Samuel JonesSupreme Court of Pennsylvania · 1946
- United States v. John Stayton and Rita Stayton, John StaytonCourt of Appeals for the Third Circuit · 1969
8 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Commonwealth v. ForbesSupreme Court of Pennsylvania · 1973
- United States v. Andrew Jackson RobertsonCourt of Appeals for the Fifth Circuit · 1978
- United States v. Robert Nathaniel BrownCourt of Appeals for the Fourth Circuit · 1974
- Schellert v. StateSupreme Court of Missouri · 1978
- United States v. I. H. Hammerman, IICourt of Appeals for the Fourth Circuit · 1975
56 more not listed; retrieve them via the Exa API.