Legal Opinion

United States v. Cortez Fisher

Court of Appeals for the Fourth Circuit

Decided April 1, 2013No. 11-6781PublishedCited by 89 opinions

1Opinion of the Court

Reversed by published opinion. Judge WYNN wrote the majority opinion, in which Judge FLOYD joined. Judge AGEE wrote a dissenting opinion.

OPINION

WYNN, Circuit Judge:

It is axiomatic that, “to be constitutionally valid, a plea of guilty must be knowingly and voluntarily made.” United States v. Brown, 117 F.3d 471, 473 (11th Cir.1997). And “a guilty plea is not knowingly and voluntarily made when the defendant has been misinformed” as to a crucial aspect of his case. Id.

In this extraordinary case, the law enforcement officer responsible for the investigation that led to the defendant’s arrest and…

2Cases cited21 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Hill v. LockhartSupreme Court of the United States · 1985
  3. Franks v. DelawareSupreme Court of the United States · 1978
  4. Brady v. United StatesSupreme Court of the United States · 1970
  5. Santobello v. New YorkSupreme Court of the United States · 1971

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

3Cited by89 opinions

  1. George Alvarez v. City of BrownsvilleCourt of Appeals for the Fifth Circuit · 2018
  2. Commonwealth v. ScottMassachusetts Supreme Judicial Court · 2014
  3. United States v. Seng YongCourt of Appeals for the Ninth Circuit · 2019
  4. United States v. PradoCourt of Appeals for the Second Circuit · 2019
  5. Joseph A. Buffey v. David Ballard, WardenWest Virginia Supreme Court · 2015

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

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