OLDHAM

v.

BISHOP, PENITENTIARY SUPERINTENDENT

Citator

Cited By

• Frank v. Blackburn, 646 F.2d 873 (5th Cir. 1980)
  …ts purport only to construe Rule 11 rather than the due process clauses of the Constitution, state courts are not bound to follow the federal plea-taking procedures thereby established. See Waddy v. Heer, 383 F. 2d 789 (6th Cir. 1967), cert. denied, 392 U.S. 911, 88 S.Ct. 2069, 20 L.Ed.2d 1369 (1968) (14th Amendment does not obligate the states to adhere to Rule 11 procedures); J. Bond, Plea Bargaining and Guilty Pleas 88-89 (1978). Because Rule 11 is not binding on the states, a federal court reviewing a…
• United States v. Adams, 566 F.2d 962 (5th Cir. 1978)
  …with understanding of the nature of the charge and the voluntariness of the plea”. Even after the 1966 amendment some courts still held that substantial compliance would satisfy the rule. Waddy v. Heer, 6 Cir. 1967, 383 F. 2d 789, 794, cert. denied, 392 U.S. 911, 88 S.Ct. 2069, 20 L.Ed.2d 1369 (1968). McCarthy v. United States, 1969, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418, put an end to that view of Rule 11. Under its supervisory power, the Supreme Court held in McCarthy that there must be strict compl…
• Glinsey v. Parker, 491 F.2d 337 (6th Cir. 1974)
  …clusions that the admission into evidence against them of the petitioners’ own confessions was not a violation of their federal constitutional rights are fully supported by the record. Waddy v. Heer, 383 F. 2d 789, 793 (6th Cir. 1967), cert. denied, 392 U.S. 911, 88 S.Ct. 2069, 20 L.Ed.2d 1369 (1968). The second issue in the case arises under the confrontation clause of the Sixth Amendment which provides in part as follows: “In all criminal prosecutions, [*341] the accused shall enjoy the right . to be con…