SHELTON

v.

UNITED STATES

Citator

Cited By (63 total)

• Tolar v. State, 196 So. 2d 1 (Fla. 4th DCA 1967)
  …tates, 1956, 98 U.S.App.D.C. 59, 232 F. 2d 59, 62 A.L.R.2d 423; Shelton v. United States, 5 Cir., 242 F. 2d 101, reversed on other grounds on rehearing en banc, 5 Cir., 1957, 246 F. 2d 571, reversed on confession of error by Solicitor General, 1958, 356 U.S. 26, 78 S.Ct. 563, 2 L.Ed.2d 579. “Two things only serve to distinguish the instant case from United States v. Morgan: (1) there petitioner was attacking a sentence already served-, here he is attacking a sentence he has not yet begun to serve; (2) the…

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• LEE v. State, 204 So. 2d 245 (Fla. 4th DCA 1967)
  …of a voluntary act, is void. A conviction based upon such a plea is open to collateral attack. See Walker v. Johnston, 312 U.S. 275, 61 S.Ct. 574, 85 L.Ed. 830; Waley v. Johnston, 316 U.S. 101, 62 S.Ct. 964, 86 L.Ed. 1302; Shelton v. United States, 356 U.S. 26, 78 S.Ct. 563, 2 L.Ed.2d 579, reversing, 5 Cir., 246 F. 2d 571. ‘A plea of guilty differs in purpose and effect from a mere admission or an extrajudicial confession; it is itself a conviction. Like a verdict of a jury it is conclusive. More is not r…
• Brady v. United States, 397 U.S. 742 (U.S. 1970)
  …e government-established atmosphere are not the product of compulsion.” Miranda v. Arizona, 384 U. S. 436, 466 (1966). Shelton v. United States, 246 F. 2d 571, 572 n. 2 (C. A. 5th Cir. 1957) (en banc), rev’d on confession of error on other grounds, 356 U. S. 26 (1958). Our conclusion in this regard seems to coincide with the conclusions of most of the lower federal courts that have considered whether a guilty plea to avoid a possible death penalty is involuntary. See United States ex rel. Brown v. LaValle…