Legal Opinion
Robert M. Miller v. Daniel J. McCarthy
Court of Appeals for the Ninth Circuit
Decided October 31, 1979No. 77-1508PublishedCited by 18 opinions
1Opinion of the Court
DUNIWAY, Circuit Judge:
Robert Miller appeals from the district court’s denial of his petition for a writ of habeas corpus. We reverse and remand for an evidentiary hearing.
I. Background.
Miller went to trial before a jury in a California superior court on a charge of rape. During the trial, on January 27,1970, he changed his plea to nolo contendere. He was represented by counsel. The state concedes, and the transcript of his trial shows, that the trial court did not tell Miller that he could receive a sentence of three years to life in the state prison, the sentence that he did receive.
Miller’s…
2Cases cited9 opinions
- Anders v. CaliforniaSupreme Court of the United States · 1967
- William O. Gairson v. Hoyt C. Cupp, Warden, Oregon State PenitentiaryCourt of Appeals for the Ninth Circuit · 1969
- United States ex rel. Pebworth v. ConteCourt of Appeals for the Ninth Circuit · 1974
- Yellowwolf v. MorrisCourt of Appeals for the Ninth Circuit · 1976
- Troy William Sanders and Johnny Ray Moore v. Walter E. CravenCourt of Appeals for the Ninth Circuit · 1973
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Evitts v. LuceySupreme Court of the United States · 1985
- Howard L. Bashor v. Henry Risley, Warden of Montana State Prison and Michael Greely, Attorney General for the State of MontanaCourt of Appeals for the Ninth Circuit · 1984
- William Marrow v. United StatesCourt of Appeals for the Ninth Circuit · 1985
- Gary Leon Riley v. Donald Wyrick, WardenCourt of Appeals for the Eighth Circuit · 1983
- Galloway v. StephensonDistrict Court, M.D. North Carolina · 1981
13 more not listed; retrieve them via the Exa API.