Ex parte von Moltke, 5542.
Decision Date | 24 April 1946 |
Docket Number | No. 5542.,5542. |
Citation | 72 F. Supp. 994 |
Parties | Ex parte VON MOLTKE. |
Court | U.S. District Court — Western District of Michigan |
G. Leslie Field and William O'Neill Kronner, both of Detroit, Mich., for plaintiff.
In the petition filed in this cause the petitioner directly or by implication charges that the District Attorney having the case in charge and agents of the Federal Bureau of Investigation mislead her or made promises to her that which at least some degree, influenced her action in pleading guilty to the charge. I am of the opinion that these charges have now been abandoned by the petitioner but for the purposes of the record I wish to state most vigorously that there was absolutely nothing in the testimony sustaining such charges or implications. The conduct of both the officials of the District Attorney's office and the agents of the Federal Bureau of Investigation were meticulous in safeguarding the rights of the petitioner and that the record is utterly bare of any support of petitioner's contentions.
The petitioner is a woman obviously of good education and above the average in intelligence. Her knowledge of English was fluent and ample. She had discussed the case with various people before the plea of guilty was entered. In fact, at her own request, she had a conference with the chief assistant district attorney wherein she endeavored to secure from him some promises of leniency and convenience as an inducement to a plea of guilty. These advancements by the petitioner were, of course, repudiated by the district attorney and she was informed of the officials who had jurisdiction over the matter in advent of her plea of guilty.
The chief contention of the petitioner was that her waiver of her right to counsel was not competently and intelligently made. The plea was taken before Judge Arthur Lederle of this District. The evidence showed that the Judge inquired of her if she understood the charges made in the indictment. She answered in the affirmative. The Judge inquired if she desired the assistance of counsel. She answered in the negative. The Judge then inquired what was her plea. She answered guilty. In addition to this she submitted a signed waiver stating that she did not desire counsel.
A judgment cannot be likely set aside by collateral attack even by habeas corpus. In such circumstances it carries with it a presumption of regularity. Franzeen v. Johnston, Warden, 9 Cir., 111 F.2d 817. At page 819 in the above citation the court said: ...
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Von Moltke v. Gillies
...Court heard evidence offered by both the petitioner and the Government, and then found that she had failed to prove either contention. 72 F.Supp. 994. The Sixth Circuit Court of Appeals affirmed with one judge dissenting. 161 F.2d On the basis of what he designated as 'the undisputed eviden......
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Von Moltke v. United States, 11059.
...she understood the charge and the proceedings, and "freely, intelligently and knowingly waived her constitutional rights." Ex parte von Moltke, 72 F.Supp. 994, 997. On appeal, this Court affirmed the judgment of the District Court, one Judge In view of the present status of the case, the fo......
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