SPIERS

v.

UNITED STATES

Citator

Cited By

• United States v. Adams, 634 F.2d 830 (5th Cir. 1981)
  …fter rejecting a plea bargain, even where done in full compliance with Rule 11, for the judge is at least aware of the defendant’s willingness to plead guilty. See United States v. Gallington, 488 F. 2d 637, 639 (8th Cir. 1973), [*841] cert. denied, 416 U.S. 907, 94 S.Ct. 1613, 40 L.Ed.2d 112 (1974), (a trial judge may excuse himself from further involvement with the case after rejecting a plea, but absent a showing of actual prejudice the choice is within the discretion of the judge). The risks to impart…
• Griffith v. Wyrick, 527 F.2d 109 (8th Cir. 1975)
  …tors, they should not participate in the bargaining process; and (4) defendants must have an opportunity to withdraw their plea if the agreement is rejected by the judge. United States v. Gallington, 488 F. 2d 637, 640 (8th Cir. 1973), cert. denied, 416 U.S. 907, 94 S.Ct. 1613, 40 L.Ed.2d 112 (1974). See [*112] Rapp v. Wolff, 489 F. 2d 712 (8th Cir. 1974) (per curiam) (defendant given an opportunity to withdraw plea after agreement rejected by court). . The sentencing judge testified, by deposition, that h…
• Gorham v. Louie L. Wainwright, 588 F.2d 178 (5th Cir. 1979)
  …rham, a state prisoner. In 1972 Gorham was convicted of rape by a Florida jury and sentenced to death.1 The Florida Supreme Court affirmed the conviction, Gorham v. State, 282 So. 2d 874 (1973), and the United States Supreme Court denied certiorari, 416 U.S. 907 (1974). Gorham subsequently filed a petition for a writ of habeas corpus in federal district court alleging eleven errors in his trial. The district court rejected each contention and denied the writ. On appeal, Gorham raises only two contentions —…