JAMES WILLIAMS, SENIOR, PETITIONER-APPELLANT,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, STATE OF FLORIDA, RESPONDENT-APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the district court's finding that the guilty plea was voluntary and entered with effective counsel was supported by the record.
Appellant, a prisoner serving a sentence for second-degree murder, sought a writ of habeas corpus. The district court held an evidentiary hearing limi…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Waiver Of Non-Jurisdictional Defects cases and more on FLexlaw
PER CURIAM:
Pursuant to new Rule 18 of the Rules of this court, we have concluded on the merits that this case is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5th Cir. 1969, 409 F. 2d 804, Part I.
Appellant, a Florida prisoner, is serving a twenty year sentence for second degree murder, having been convicted on his plea of guilty. His petition for writ of habeas corpus was denied by the district court after an evidentiary hearing at which appellant was present and represented by court-appointed counsel. We affirm.
In his petition to the court below, appellant alleged as grounds for relief various non-jurisdictional defects as well as incompetency of retained counsel and a coerced guilty plea. The district court limited the evidentiary hearing to the issue of whether appellant voluntarily entered the guilty plea with the advice and consent of effective counsel, stating that if the plea were found to be so entered, such action would constitute a waiver of all the alleged non-jurisdictional defects in prior proceedings. See Henderson v. United States, 5 Cir., 1968, 395 F. 2d 209 and Busby v. Holman, 5 Cir., 1966, 356 F. 2d 75.
The district court concluded from the evidence adduced at the hearing that appellant was effectively represented by retained counsel of his own choosing and that he voluntarily and knowingly entered his plea of guilty with the advice and consent of counsel in open court. The record demonstrates ample support for the findings and conclusions of the district court. The findings are in no sense erroneous. There the matter must and does end.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cooks v. United States, 461 F.2d 530 (5th Cir. 1972)
-
Jones v. Olin G. Blackwell, 434 F.2d 253 (5th Cir. 1970)
Authorities Cited
- Murphy v. Houma Well Serv., 409 F.2d 804 (5th Cir. 1969)
- Busby v. Holman, 356 F.2d 75 (5th Cir. 1966)
- S. Pac. Co. v. Jordan, 395 F.2d 209 (5th Cir. 1968)
- Henderson v. United States, 395 F.2d 209 (5th Cir. 1968)