COMMODORE WILLIAM MOSS, PETITIONER-APPELLANT,
v.
WALTER E. CRAVEN, WARDEN, RESPONDENT-APPELLEE

9th Cir. | 1970-05-26
No. 22198
427 F.2d 139 United States Court of Appeals for the Ninth Circuit (1970) Caution
Cited by 42 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner, a California prisoner, appeals from an order of the district court denying his petition for a writ of habeas corpus.

After an evidentiary hearing the district court found that “petitioner was properly represented by counsel and that he pleaded guilty with an understanding of the significance of the plea and the consequences stemming therefrom.” Based on the testimony adduced at the hearing, and the state court record, we cannot say that these findings are clearly erroneous. Knowles v. Gladden, 378 F. 2d 761, 766-767 (9th Cir. 1967).

Petitioner contends that the state trial record was insufficient to establish the voluntariness of his guilty plea under the standards enunciated in Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). In Halliday v. United States, 394 U.S. 831, 89 S.Ct. 1498, 23 L.Ed.2d 16 (1969), the Supreme Court held that the rule of McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969), would apply only to guilty pleas accepted after the date of the McCarthy decision. We think that the reasoning of Halliday requires the denial of retroactive effect to the Boykin decision. Accord, United States ex rel. Hughes v. Rundle, 419 F. 2d 116, 118 (3d Cir. 1969); In re Tahl, 1 Cal.3d 122, 134-135, 81 Cal.Rptr. 577, 585-586, 460 P. 2d 449 (1969).

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (21 total)

Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw