WILLIAMS

v.

CALIFORNIA

Citator

Cited By

• United States ex rel. Martin Sostre v. Festa, 513 F.2d 1313 (2d Cir. 1975)
  …on this habeas appeal he must establish that the conclusion of the court below with respect to the credibility of Williams’s recantation was “clearly erroneous.” See United States ex rel. Rosa v. Follette, 395 F. 2d 721, 726 (2d Cir.), cert. denied, 393 U.S. 892, 89 S.Ct. 216, 21 L.Ed.2d 172 (1968). Judge Curtin indicated at the outset of the hearing below that the credibility of Williams is “really the whole issue here.” Having in mind that Judge Curtin had the opportunity of personally observing the demea…
• Wellnitz v. Bay H. Page, 420 F.2d 935 (10th Cir. 1970)
  …States, 368 U.S. 487 at 493, 82 S.Ct. 510 at 513, 7 L.Ed. 2d 473 (1962). The ultimate determination to be made is whether the plea was coerced or otherwise invalid. United States ex rel. Rosa v. Follette, 395 F. 2d 721 (2d Cir. 1968), cert. denied, 393 U.S. 892, 89 S.Ct. 216, 21 L.Ed.2d 172. Certainly, if an attorney recklessly promises his client that a specific sentence will follow upon a guilty plea, or otherwise unfairly holds out an assurance of leniency in exchange for a confession of guilt, the que…
• United States ex rel. Charles F. Scott v. Mancusi, 429 F.2d 104 (2d Cir. 1970)
  …8 (1964). On an application for habeas corpus by a state prisoner, our review also starts with the proposition that the motion rests in the discretion of the trial judge. United States ex rel. Rosa v. Follette, 395 F. 2d 721 (2d Cir.), cert. denied, 393 U.S. 892, 89 S.Ct. 216, 21 L.Ed.2d 172 (1968); United States ex rel. Best v. Ray, 239 F.Supp. 632 (S.D.N.Y.1965), aff’d, 365 F. 2d 832 (2d Cir. 1966), cert. denied, 386 U.S. 998, 87 S.Ct. 1319, 18 L.Ed.2d 347 (1967). See generally, ABA, Pleas of Guilty, § 2.…