HILBERT

v.

MCMANN, WARDEN

Citator

Cited By

• Scogin v. United States, 446 F.2d 416 (8th Cir. 1971)
  …hold that appellee did not waive the defense of self-incrimination by his plea of guilty. It is settled that such a plea waives all non-jurisdictional defects and defenses. Cantrell v. United States, 413 F. 2d 629, 632 (8th Cir. 1969), cert. denied 396 U.S. 947, 90 S.Ct. 391, 24 L.Ed.2d 251 (1970). However, as the district court noted, under the teachings of Johnson v. Zerbst, 304 U.S. 458, 464, 58 S.Ct. 1019, 1023, 82 L.Ed. 1461 (1938) “[a] waiver is ordinarily an intentional relinquishment or abandonmen…
• Petraborg v. United States, 432 F.2d 1194 (7th Cir. 1970)
  …llenged guilty pleas were entered on December 16, 1964, prior to the 1966 amendment of Rule 11. Their sufficiency is thus to be tested by the requirements of the pre-amended rule.1 Robins v. United States, 413 F. 2d 1290, 1291 (7th Cir.), cert. den. 396 U.S. 947, 90 S.Ct. 388, 24 L.Ed.2d 250 (1969). The requirements were voluntariness and an understanding of the nature of the charge. Id. The record in the instant case demonstrates that the trial judge failed to make any inquiry concerning the voluntariness…

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