Shelton v. United States

Decision Date10 March 1958
Docket NumberM,No. 223,223
Citation78 S.Ct. 563,356 U.S. 26,2 L.Ed.2d 579
PartiesJay Paul SHELTON, petitioner, v. UNITED STATES of America. isc
CourtU.S. Supreme Court

Jay Paul Shelton, pro se.

Solicitor General Rankin, for the United States.

On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit.

PER CURIAM.

The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted.Upon consideration of the entire record and confession of error by the Solicitor General that the plea of guilty may have been improperly obtained, the judgment of the United States Court of Appeals for the...

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185 cases
  • People v. West
    • United States
    • California Supreme Court
    • December 3, 1970
    ... ... in American criminal procedure, 'an integral part of the administration of justice in the United States' (Barber v. Gladden (D.C., 1963) 220 F.Supp. 308, 314), 'essential to the expeditious and ... 7 ...         In Shelton v. United States (1957) 242 F.2d 101, a three-judge panel of the Fifth Circuit held a guilty plea ... ...
  • US v. Mora-Gomez
    • United States
    • U.S. District Court — Eastern District of Virginia
    • February 15, 1995
    ... 875 F. Supp. 1208 ... UNITED STATES of America ... Rafael MORA-GOMEZ, Defendant/Petitioner ... Crim. A. Nos. 90-107-A, ... 742, 755, 90 S.Ct. 1463, 1472, 25 L.Ed.2d 747 (1970) (emphasis added) (quoting Shelton v. United States, 246 F.2d 571, 572 n. 2 (5th Cir.1957), rev'd on other grounds, 356 U.S. 26, 78 ... ...
  • Woodard v. State
    • United States
    • Alabama Court of Appeals
    • February 2, 1965
    ...312 U.S. 275, 61 S.Ct. 574, 85 L.Ed. 830; Waley v. Johnston, 316 U.S. 101, 62 S.Ct. 964, 86 L.Ed. 1302; Shelton v. United States, 356 U.S. 26, 78 S.Ct. 563, 2 L.Ed.2d 579. * * Machibroda, however, was a motion to vacate sentence under 28 U.S.C., § 2255, and does not purport to lay down a du......
  • Com. ex rel. Kerekes v. Maroney
    • United States
    • Pennsylvania Supreme Court
    • November 15, 1966
    ... ... [2] Id. at 6, 222 A.2d 921; ... see Kercheval [423 Pa. 342] v. United ... States, 274 U.S. 220, 223--224, 47 S.Ct. 582, ... [223 A.2d 702] ... 583, 71 L.Ed. 1009 ... Cariola, 323 F.2d ... 180, 189 (3d Cir. 1963) (separate opinion of Biggs, C.J.); ... Shelton v. United States, 242 F.2d 101, 111--113 (5th Cir.), ... rev'd on rehearing, 246 F.2d 571 (5th ... ...
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3 books & journal articles
  • CHAPTER 9 ADJUDICATION: TRIALS AND GUILTY PLEAS
    • United States
    • Carolina Academic Press Wrongful Conviction: Law, Science, and Policy (CAP) 2011
    • Invalid date
    ...v. United States, 242 F.2d 101, 115 (5th Cir. 1957) (dissenting opinion), judgment set aside, 246 F.2d 571 (5th Cir. 1957), reversed, 356 U.S. 26 (1958)]. Under this standard, a plea of guilty is not invalid merely because entered to avoid the possibility of a death penalty.III The record b......
  • THE DEFENDER GENERAL.
    • United States
    • University of Pennsylvania Law Review Vol. 168 No. 6, May 2020
    • May 1, 2020
    ...in the United States by the middle decades of the twentieth century). (116) See Shelton, 242 F. 2d at 102. (117) Shelton v. United States, 356 U.S. 26, 26 (1958) (per (118) Albert W. Alschuler, Plea Bargaining and Its History, 79 COLUM. L. REV. 1, 36 (1979). Alschuler located the Solicitor ......
  • Lying at Plea Bargaining
    • United States
    • Georgia State University College of Law Georgia State Law Reviews No. 38-3, March 2022
    • Invalid date
    ...397 U.S. at 755 (quoting Shelton v. United States, 246 F.2d 571, 572 n.2 (5th Cir. 1957) (en banc), rev'd on other grounds per curiam, 356 U.S. 26 (1958)).118. Fed. R. Crim. P. 11(b)(2).119. Id.; United States v. Wright, 43 F.3d 491, 495 (10th Cir. 1994) (finding that if the plea is the "pr......

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