Legal Opinion
Gene C. Strader v. Sam Garrison, Warden
Court of Appeals for the Fourth Circuit
Decided December 20, 1979No. 78-6235PublishedCited by 132 opinions
1Opinion of the Court
HAYNSWORTH, Chief Judge:
The district court granted habeas corpus relief to this state prisoner who attacked his conviction, entered upon a plea of guilty, upon the ground of gross misadvice by his lawyer respecting the effect of the new sentence upon his parole eligibility date. North Carolina has appealed upon the ground that the parole eligibility date is but a collateral consequence of the plea of which Strader need not have been informed. It urges us to apply the rule in a case in which there was positive misinformation. We decline to do so.
In 1968 a forty-five to fifty-five year…
2Cases cited11 opinions
- Brady v. United StatesSupreme Court of the United States · 1970
- McMann v. RichardsonSupreme Court of the United States · 1970
- Parker v. North CarolinaSupreme Court of the United States · 1970
- Joseph F. Cuthrell v. Director, Patuxent InstitutionCourt of Appeals for the Fourth Circuit · 1973
- Victor Dennis Marzullo v. State of MarylandCourt of Appeals for the Fourth Circuit · 1977
6 more not listed; retrieve them via the Exa API.
3Cited by132 opinions
- Hill v. LockhartSupreme Court of the United States · 1985
- Silas T. McAdoo v. Frank Elo, WardenCourt of Appeals for the Sixth Circuit · 2004
- United States v. Herbert BaylinCourt of Appeals for the Third Circuit · 1982
- Henry Edsel Holmes v. United StatesCourt of Appeals for the Eleventh Circuit · 1989
- United States v. Milton L. KobroskyCourt of Appeals for the First Circuit · 1983
127 more not listed; retrieve them via the Exa API.