Legal Opinion

United States v. Richard Hoyt Tivis

Court of Appeals for the Fifth Circuit

Decided January 5, 1970No. 28062_1PublishedCited by 11 opinions

1Per curiam

Richard Hoyt Tivis has appealed from the denial of his motion to withdraw his guilty plea after he had been sentenced. 1 We affirm. 2

The district court denied the motion on grounds that Tivis had made only conclusionary allegations which did not justify relief nor raise a fact issue upon which a hearing should be held. United States v. Tivis, D.C.N.D.Tex.1969, 302 F.Supp. 581.

Rule 32(d) provides that after sentence, the court should permit withdrawal of the plea of guilty only “to correct manifest injustice.” See the cases cited in the district court’s opinion, supra. The court below found no…

2Cases cited6 opinions

  1. Patricia Lebouef Murphy, as Administratrix of the Estate of Edward Fontenot, Deceased, Etc. v. Houma Well Service, and Eva C. Fontenot, IntervenorCourt of Appeals for the Fifth Circuit · 1969
  2. James Leo Huth v. Southern Pacific CompanyCourt of Appeals for the Fifth Circuit · 1969
  3. Archie Raymond Streator v. United StatesCourt of Appeals for the Fifth Circuit · 1968
  4. Bobby H. Pursley v. United StatesCourt of Appeals for the Fifth Circuit · 1968
  5. United States v. TivisDistrict Court, N.D. Texas · 1969

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3Cited by11 opinions

  1. United States v. Jose Campos DavilaCourt of Appeals for the Fifth Circuit · 1983
  2. United States v. Ruben FournierCourt of Appeals for the First Circuit · 1979
  3. People v. LopezColorado Court of Appeals · 2000
  4. United States v. Eleas Dabdoub-DiazCourt of Appeals for the Fifth Circuit · 1979
  5. Price v. StateCourt of Appeals of Alaska · 1982

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

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