Crabtree v. Boles, No. 9519.
| Court | United States Courts of Appeals. United States Court of Appeals (4th Circuit) |
| Writing for the Court | HAYNSWORTH and BRYAN, Circuit , and GORDON |
| Citation | 339 F.2d 22 |
| Parties | Paul Homer CRABTREE, Appellant, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Appellee. |
| Docket Number | No. 9519. |
| Decision Date | 20 November 1964 |
339 F.2d 22 (1964)
Paul Homer CRABTREE, Appellant,
v.
Otto C. BOLES, Warden of the West Virginia State Penitentiary, Appellee.
No. 9519.
United States Court of Appeals Fourth Circuit.
Argued October 9, 1964.
Decided November 20, 1964.
James J. Harkins, Wheeling, W. Va. (Court-assigned counsel), for appellant.
George H. Mitchell, Asst. Atty. Gen. of W. Va. (C. Donald Robertson, Atty. Gen. of W. Va., on brief), for appellee.
Before HAYNSWORTH and BRYAN, Circuit Judges, and GORDON, District Judge.
GORDON, District Judge.
The petitioner, Paul Homer Crabtree, appeals from a judgment of the District Court for the Northern District of West Virginia dismissing, after hearing, a petition for a writ of habeas corpus. The decision of the District Court is affirmed.
The petitioner, upon his plea of guilty, was convicted of the felony of forgery on November 13, 1957, in the Circuit Court of Lincoln County, West Virginia. After the plea of guilty and at the request of the Prosecuting Attorney made at the proceedings, the Court continued the cause for sentencing to November 20, 1957, for the purpose of permitting the Prosecuting Attorney to prepare and file an information charging former convictions and invoking the provisions of the Habitual Criminal Act of West Virginia. (West Virginia Code, Chapter 61, Article 11).
The Prosecuting Attorney prepared such an information charging two prior convictions, one in West Virginia and the other in the State of Washington. A copy of the information was delivered to petitioner's counsel several days prior to November 20. On the morning of November 20, the petitioner was advised by his counsel that if he admitted the prior convictions, he would be sentenced to life imprisonment.
When the case was called, the Court permitted the information to be filed. The trial court then advised the petitioner that if he acknowledged his identity with the person named in the record of
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State ex rel. Scott v. Boles, No. 12522
...Furthermore, he should have been told that the consequences of his admisssions would be a mandatory life sentence.' In Crabtree v. Boles, 339 F.2d 22 (4th Cir., 1964), the Court again recognized that failure to comply with the 'duly cautioned' provision of the West Virginia statute constitu......
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State v. Hardy, No. 8194
...corpus proceedings. To cite but a few such cases, see: James v. Boles, (4th Cir. 1964), 339 F.2d 431; Crabtree v. Boles, (4th Cir. 1964), 339 F.2d 22; Johnson v. Ellis, (5th Cir. 1961), 296 F.2d 325, cert. denied 369 U.S. 842, 82 S.Ct. 873, 7 L.Ed.2d 846; United States ex rel. Crump v. Sain......
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Wright v. Craven, No. 50677.
...was cited by the information to which the petitioner had pleaded. Mounts v. Boles, 326 F.2d 186 (4 Cir. 1963); see also Crabtree v. Boles, 339 F.2d 22 (4 Cir. 1964). The Ninth Circuit has found that "one who, at the time of entering a plea of guilty, is not aware of the fact that he will no......
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Root v. Cunningham, No. 9606.
...findings unless they are shown to be clearly erroneous. Federal Rules of Civil Procedure, Rule 52, 28 U.S.C.A. Cf. Crabtree v. Boles, 339 F.2d 22 (4th Cir. 1964); James v. Boles, 339 F.2d 431 (4th Cir. I While appellant contends that he was not represented by counsel at his arraignment, the......
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State ex rel. Scott v. Boles, 12522
...Furthermore, he should have been told that the consequences of his admisssions would be a mandatory life sentence.' In Crabtree v. Boles, 339 F.2d 22 (4th Cir., 1964), the Court again recognized that failure to comply with the 'duly cautioned' provision of the West Virginia statute constitu......
-
State v. Hardy, 8194
...corpus proceedings. To cite but a few such cases, see: James v. Boles, (4th Cir. 1964), 339 F.2d 431; Crabtree v. Boles, (4th Cir. 1964), 339 F.2d 22; Johnson v. Ellis, (5th Cir. 1961), 296 F.2d 325, cert. denied 369 U.S. 842, 82 S.Ct. 873, 7 L.Ed.2d 846; United States ex rel. Crump v. Sain......
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Wright v. Craven, 50677.
...was cited by the information to which the petitioner had pleaded. Mounts v. Boles, 326 F.2d 186 (4 Cir. 1963); see also Crabtree v. Boles, 339 F.2d 22 (4 Cir. 1964). The Ninth Circuit has found that "one who, at the time of entering a plea of guilty, is not aware of the fact that he will no......
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Root v. Cunningham, 9606.
...findings unless they are shown to be clearly erroneous. Federal Rules of Civil Procedure, Rule 52, 28 U.S.C.A. Cf. Crabtree v. Boles, 339 F.2d 22 (4th Cir. 1964); James v. Boles, 339 F.2d 431 (4th Cir. I While appellant contends that he was not represented by counsel at his arraignment, the......