Legal Opinion
James Banks, Jr. v. John M. McGougan
Court of Appeals for the Fifth Circuit
Decided October 14, 1983No. 83-3055PublishedCited by 42 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
Tried and convicted in state court for receiving stolen property and being a multiple offender, James H. Banks, Jr. seeks habeas corpus based on the asserted violation of his constitutional rights. The federal district court held that Banks received due process in his state trial. This judgment being fully supported by the record, we affirm. In doing so, we join numerous other circuits in holding that, although state courts must establish that a guilty plea is entered knowingly and voluntarily, they are not required to establish a factual basis for the plea.
I
On…
2Cases cited18 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Gennero Galtieri v. Louie L. Wainwright, Director, Division of Corrections, John Matera v. Louie L. Wainwright, Director, Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1978
- State v. WillieSupreme Court of Louisiana · 1982
- Claude Francis Roddy, Jr. v. Harold E. Black, SuperintendentCourt of Appeals for the Sixth Circuit · 1975
- David McChesney v. C. Murray Henderson, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1973
13 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- John Hobbs v. Frank Blackburn, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1985
- Joseph Avery Robinson v. John P. Whitley, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1993
- Billy R. Dillard v. Frank Blackburn, Warden Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1986
- State v. LinearLouisiana Court of Appeal · 1992
- Orman v. CainCourt of Appeals for the Fifth Circuit · 2000
37 more not listed; retrieve them via the Exa API.