Legal Opinion

United States of America Ex Rel. Adrian Rosa v. Harold W. Follette, Warden of Green Haven Prison, Stormville, New York

Court of Appeals for the Second Circuit

Decided May 28, 1968No. 483, Docket 31075PublishedCited by 38 opinions

1Opinion of the Court

IRVING R. KAUFMAN, Circuit Judge:

The determination of guilt or innocence without trial has received increasing attention in recent years. . This appeal raises yet another question of the circumstances in which a defendant will be bound by his plea of guilty in open court.

Appellant Adrian Rosa is now serving a sentence of imprisonment of from 7y2 to 10 years under a judgment of conviction entered in Supreme Court, Bronx County, Gellinoff, J., on his plea of guilty to robbery in the second degree. Having exhausted available state remedies, he applied for a writ of habeas corpus which was denied…

2Cases cited14 opinions

  1. MacHibroda v. United StatesSupreme Court of the United States · 1962
  2. Von Moltke v. GilliesSupreme Court of the United States · 1948
  3. Kercheval v. United StatesSupreme Court of the United States · 1927
  4. United States Ex Rel. Elksnis v. GilliganDistrict Court, S.D. New York · 1966
  5. United States of America Ex Rel. John McGrath v. J. E. Lavallee, Warden of Clinton Prison, Dannemora, New YorkCourt of Appeals for the Second Circuit · 1963

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

3Cited by38 opinions

  1. People v. WestCalifornia Supreme Court · 1970
  2. Vincent E. Scott v. United StatesCourt of Appeals for the D.C. Circuit · 1969
  3. Fred J. Wellnitz v. Ray H. Page, Warden, Oklahoma State PenitentiaryCourt of Appeals for the Tenth Circuit · 1970
  4. Szarwak v. WardenSupreme Court of Connecticut · 1974
  5. United States of America Ex Rel. Charles F. Scott v. Vincent R. Mancusi, Warden, Attica Prison, Attica, New YorkCourt of Appeals for the Second Circuit · 1970

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

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