Legal Opinion · Dissent

Appleby v. WARDEN, NORTHERN REGIONAL JAIL

Court of Appeals for the Fourth Circuit

Decided February 19, 2010No. 07-7613Published

1DissentTraxler, Chief Judge

David Appleby pleaded guilty to two drunk-driving related charges after being informed by the judge that the most he could get would be six years. At sentencing the judge gave him life imprisonment. Clearly established federal law requires defendants to be informed of the direct consequences of their decision to plead guilty, and the sentence for the crime to which a defendant is pleading guilty is a direct consequence of that guilty plea. I therefore believe that the decision of West Virginia’s Supreme Court of Appeals was contrary to clearly established federal law as determined by the…

2Cases cited21 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. Coleman v. ThompsonSupreme Court of the United States · 1991
  3. Boykin v. AlabamaSupreme Court of the United States · 1969
  4. Brady v. United StatesSupreme Court of the United States · 1970
  5. McCarthy v. United StatesSupreme Court of the United States · 1969

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