CLARENCE DEWANE OAKS, PETITIONER-APPELLEE,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, STATE OF FLORIDA, RESPONDENT-APPELLANT
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.
A guilty plea is valid even if equivocal, provided it is knowingly and voluntarily entered and supported by independent corroborating evidence of guilt.
Petitioner pleaded guilty to second-degree murder after being charged with murder. The District Court granted habeas corpus, finding the plea invalid.…
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 Retroactivity Of Boykin V. Alabama cases and more on FLexlaw
PER CURIAM:-
The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.
. “The Court: You are Charles DeWayne Oakes and a plea has been tendered for you of guilty of the crime of murder in the second degree. Do you understand the significance of that plea?
Mr. Oakes: I think I do, sir. I understand that I should admit that I did do it, but I don’t feel, say, that I did know that I was doing it at this time.
The Court: Mr. Oakes, you don’t have to say anything. That is one of the beautiful things about the country in ■which you are a citizen. That is, you are not called upon to (receive) (sic) the defense on the trial of murder. The second degree, as I am sure your counsel has explained to you, or that is what you are indicating to me, that you felt, that at this time of killing you were of a depraved mind.
Mr. Oakes: I don’t remember, but I can accept second degree, since I know she is gone and I evidently did it.
The Court: Let the plea be entered and the Court will order a P.S.I.”
. In Schnautz v. Beto, 5 Cir., 1969, 416 F. 2d 214 we did intimate that Boykin would be applied retroactively, but as there were other circumstances dictating reversal we subsequently left the question open. Wade v. Wainwright, 5 Cir., 1969, 420 F. 2d 898, 900.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Justo Fernan Martinez, 486 F.2d 15 (5th Cir. 1973)
-
McCHESNEY v. Henderson, 482 F.2d 1101 (5th Cir. 1973)
-
Willett v. State OF Ga., 608 F.2d 538 (5th Cir. 1979)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (12 total)
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Boykin v. Alabama, 395 U.S. 238 (U.S. 1969)
- Brady v. United States, 397 U.S. 742 (U.S. 1970)
- North Carolina v. Alford, 400 U.S. 25 (U.S. 1970)
- Parker v. North Carolina, 397 U.S. 790 (U.S. 1970)
- Busby v. Holman, 356 F.2d 75 (5th Cir. 1966)
- Carroll E. Wade v. Louie L. Wainwright, 420 F.2d 898 (5th Cir. 1969)
- Hulsey v. United States, 369 F.2d 284 (5th Cir. 1966)
- Schnautz v. Beto, 416 F.2d 214 (5th Cir. 1969)
- Zales v. Henderson, 433 F.2d 20 (5th Cir. 1970)