Charles E. Duffy, F-2268 v. Julius T. Cuyler and District Attorney, Philadelphia County

OPINION OF THE COURT

WEIS, Circuit Judge.

This appeal from denial of habeas corpus relief questions whether in a nonjury criminal proceeding the defendant was afforded adequate constitutional protection in entering what was labeled a nolo contendere plea. Recent cases delineate what is encompassed in a true nolo plea, and suggest that the same standards apply in entering it as in the case of a guilty plea. But because of the unusual circumstances of the case sub judice, we hold that the defendant’s conviction was not vitiated by lack of advice on the record of the maximum sentence to which he…