Anderson v. Henderson, 30873 Summary Calendar.
| Citation | 439 F.2d 711 |
| Decision Date | 04 March 1971 |
| Docket Number | No. 30873 Summary Calendar.,30873 Summary Calendar. |
| Parties | Wallace ANDERSON, Petitioner-Appellant, v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, Respondent-Appellee. |
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Wallace Anderson, pro se.
Charles W. Richard, Asst. Dist. Atty., Lake Charles, La., for respondent-appellee.
Before THORNBERRY, MORGAN and CLARK, Circuit Judges.
This appeal is from an order of the district court denying the petition of a Louisiana State prisoner for habeas corpus relief under 28 U.S.C. § 2241. Petitioner alleges that his plea of guilty was mentally coerced without full knowledge of the charges and consequences of his act of so pleading.
The district court held a full and complete evidentiary hearing and determined that the petitioner was represented in the state court by two competent counsel who made him fully aware of the effect of the guilty plea. The district court further found that after having been advised of the consequences of such a plea, petitioner voluntarily pleaded guilty to the charge.
If the best professional advice that a lawyer can give is to enter a plea of guilty, and the accused relies on his lawyer's expertise, the accused cannot later successfully urge that the plea was involuntary on the basis of counsel coercion. United States v. Jones, 4 Cir., 1968, 392 F.2d 567.
A perusal of the record does not substantiate appellant's claim that the plea was involuntarily entered on the basis of counsel coercion.
Affirmed.
* 1 Rule 18, 5th Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I.
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...supra. In this case defendant's counsel employed the best professional judgment in recommending him to plead guilty. Anderson v. Henderson, 439 F.2d 711, 712 (5th Cir.1971); United States v. Jones, 392 F.2d 567, 569 (4th Cir.), cert. denied, 393 U.S. 882, 89 S.Ct. 186, 21 L.Ed.2d 156 (1968)......
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U.S. v. Buckles
...where his attorney, employing his best professional judgment, recommends that the defendant plead guilty. See id.; Anderson v. Henderson, 439 F.2d 711, 712 (5th Cir.1971); United States v. Jones, 392 F.2d 567, 569 (4th Cir.), cert. denied, 393 U.S. 882, 89 S.Ct. 186, 21 L.Ed.2d 156 (1968). ......
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Norton v. Wainwright
...the accused cannot later successfully urge that the plea was involuntary on the basis of counsel coercion. * * *." Anderson v. Henderson, 439 F.2d 711, at p. 712, 5th Cir. Nor does Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1968) compel a different result. First and for......
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Tarnabine v. Warden of Louisiana State Penitentiary, Miscellaneous No. 1784.
...on the advice of reasonably competent counsel as to what type or length of sentence he will likely receive. See e. g., Anderson v. Henderson, 439 F.2d 711 (5th Cir. 1971). In this instance, Tarnabine was told by his attorney in no uncertain terms that a plea bargain had been made, and that ......