EVANS

v.

DINER'S CLUB, INC.

Citator

Cited By

• Scott v. United States, 419 F.2d 264 (D.C. Cir. 1969)
  …f the plea. . Kercheval v. United States, 274 U.S. 220, 223, 47 S.Ct. 582, 583, 71 L.Ed. 1009 (1927). . See Bailey v. MacDougall, 392 F. 2d 155 (4th Cir. 1968); United States ex rel. McGrath v. LaVallee, 348 F. 2d 373 (2d Cir. 1965), cert. denied, 383 U.S. 952, 86 S.Ct. 1214, 16 L.Ed.2d 214 (1966). . The somewhat bemused comments of one sociologist observing the legal process indulging its penchant for reality-denying ritual are worth repeating: Apparently, however, there is some tension between the fac…
• Wilson v. Fogg, 571 F.2d 91 (2d Cir. 1978)
  …tively shown that no further relief is available.” United States ex rel. Bagley v. LaVallee, 332 F. 2d 890, 892 (2d Cir. 1964); accord, United States ex rel. McGrath v. LaVallee, 348 F. 2d 373 (2d Cir. 1965), cert. denied sub nom. McGrath v. McCann, 383 U.S. 952, 86 S.Ct. 1214, 16 L.Ed.2d 214 (1966). Whether New York entertains collateral relief at this point is a matter of New York law to be decided by New York courts and not by federal court predictions of what stances those courts will take. Cameron v. F…
• United States ex rel. Adrian Rosa v. Follette, 395 F.2d 721 (2d Cir. 1968)
  …awesome power of his office, this court has held that the participation of the trial judge in plea discussions does not in itself render the plea involuntary. See United States ex rel. McGrath v. LaVallee, 348 F. 2d 373 (2d Cir. 1965), cert. denied, 383 U.S. 952, 86 S.Ct. 1214, 16 L.Ed.2d 214 (1966). Compare Pleas of Guilty, supra, at 74 (trial judge may indicate his concurrence in the prosecutor’s recommendation prior to the time the defendant enters his plea where, as here, the plea would be to a lesser…