RICHARD

v.

UNITED STATES

Citator

Cited By

• Reed v. State, 447 So. 2d 933 (Fla. 3d DCA 1984)
  …to the facts or as to what a court’s judgment might be on given facts. McMann, 397 U.S. at 769-70, 90 S.Ct. at 1448. Beckham v. Wainwright, 639 F. 2d 262 (5th Cir.1981); see also Rutledge v. Wainwright, 625 F. 2d 1200 (5th Cir.1980), cert. denied, 450 U.S. 1033, 101 S.Ct. 1746, 68 L.Ed.2d 229 (1981). That a guilty plea must be intelligently made is not a requirement that all advice by counsel withstand retrospective examination in a post-conviction hearing. With the aid of hindsight, one can always secon…
• Baldwin v. Maggio, 704 F.2d 1325 (5th Cir. 1983)
  …claim of constitutional dimension, Baldwin II at 947; United States v. Gray, 565 F. 2d 881, 887 (5th Cir.), cert. denied, 435 U.S. 955, 98 S.Ct. 1587, 55 L.Ed.2d 807 (1978); Rutledge v. Wainwright, 625 F. 2d 1200, 1205 (5th Cir. 1980), cert. denied 450 U.S. 1033, 101 S.Ct. 1746, 68 L.Ed.2d 229 (1981). Even if this cursory allusion sufficed to state a claim cognizable in habeas corpus, it could not at this time be adjudicated: this Court cannot consider unexhausted charges raised for the first time on appeal…
• Taylor v. Maggio, 727 F.2d 341 (5th Cir. 1984)
  …titutional right. In order to be entitled to an evidentiary hearing before the district court, a habeas petitioner must allege facts which, if proved, would entitle him to relief. Rutledge v. Wainwright, 625 F. 2d 1200 (5th Cir.1980), cert. denied, 450 U.S. 1033, 101 S.Ct. 1746, 68 L.Ed.2d 229 (1981). A habeas petitioner, in order to obtain relief based on a claim of ineffective assistance of counsel, must demonstrate both an identifiable lapse in the performance of his attorney and an actual adverse impa…