United States v. McMann

CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)
Writing for the CourtLUMBARD, , and HAYS and ANDERSON, Circuit
Citation349 F.2d 1018
PartiesUNITED STATES ex rel. James Glenn, Petitioner, v. Hon. Daniel McMANN, Warden, Clinton State Prison, Dannemora, New York, Respondent.
Decision Date26 August 1965

349 F.2d 1018 (1965)

UNITED STATES ex rel. James Glenn, Petitioner,
v.
Hon. Daniel McMANN, Warden, Clinton State Prison, Dannemora, New York, Respondent.

Docket MR469.

United States Court of Appeals Second Circuit.

August 26, 1965.


349 F.2d 1019

James Glenn, pro se.

Lillian Z. Cohen, Deputy Asst. Atty. Gen., Louis J. Lefkowitz, Atty. Gen. of New York, New York City, for respondent.

Before LUMBARD, Chief Judge, and HAYS and ANDERSON, Circuit Judges.

LUMBARD, Chief Judge.

Appellant seeks leave to proceed in forma pauperis and asks for the assignment of counsel.

Pursuant to his plea of guilty given in open court while he was represented by three lawyers, appellant was convicted of second degree murder and sentenced to imprisonment for 40 years to life by the Court of General Sessions in New York County on June 26, 1962. In this appeal, he is seeking reversal of the denial by the United States District Court for the Northern District of New York, James T. Foley, J., without evidentiary hearing, of his application for a writ of habeas corpus. Appellant claims that his plea of guilty was unconstitutionally coerced by the existence of a confession that had been wrung from him involuntarily. Judge Foley denied appellant's application on the ground that appellant had failed to exhaust state remedies.

A voluntary guilty plea entered on advice of counsel is a waiver of all non-jurisdictional defects in any prior stage of the proceedings against him. United States ex rel. Swanson v. Reincke, 344 F.2d 260 (2d Cir. 1965); United States ex rel. Boucher v. Reincke, 341 F.2d 977 (2d Cir. 1965). Any language to the contrary in United States ex rel. Vaughn v. LaVallee, 318 F.2d 499 (2d Cir. 1963) is herewith disavowed. In this posture, it is unnecessary to decide whether the District Court erred in concluding that appellant failed to exhaust his state remedies.

Petitioner's motions are denied. The respondent's cross-motion to dismiss the appeal is granted.

HAYS, Circuit Judge, dissents and votes to grant the petitioner's motions.

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48 practice notes
  • United States v. Bastian, Docket No. 13–1156–cr.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • October 29, 2014
    ...defendant's rights to challenge only defects in a “prior stage of the proceedings against him.” United States ex rel. Glenn v. McMann, 349 F.2d 1018, 1019 (2d Cir.1965); see also Garcia, 339 F.3d at 117. It does not preclude him from challenging defects in the guilty plea itself, which, as ......
  • United States v. Bastian, Docket No. 13–1156–cr.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • October 29, 2014
    ...defendant's rights to challenge only defects in a “prior stage of the proceedings against him.” United States ex rel. Glenn v. McMann, 349 F.2d 1018, 1019 (2d Cir.1965) ; see also Garcia, 339 F.3d at 117. It does not preclude him from challenging defects in the guilty plea itself, which, as......
  • United States ex rel. Ross v. McMann, No. 492
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • February 26, 1969
    ...of all non-jurisdictional defects in any prior stage of the proceedings against him," relying on United States ex rel. Glenn v. McMann, 349 F.2d 1018 (2 Cir. 1965), cert. denied 383 U.S. 915, 86 S.Ct. 906, 15 L.Ed.2d 669 (1966). In his complaint and supplemental affidavit Ross alleges that ......
  • Mann v. Richardson, No. 153
    • United States
    • United States Supreme Court
    • May 4, 1970
    ...all non-jurisdictional defects in any prior stage of the proceedings against (defendant),' citing United States ex rel. Glenn v. McMann, 349 F.2d 1018 (C.A.2d Cir. 1965), cert. denied, 383 U.S. 915, 86 S.Ct. 906, 15 L.Ed.2d 669 (1966), and other cases. The allegation of coercion by the tria......
  • Request a trial to view additional results
48 cases
  • United States v. Bastian, Docket No. 13–1156–cr.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • October 29, 2014
    ...defendant's rights to challenge only defects in a “prior stage of the proceedings against him.” United States ex rel. Glenn v. McMann, 349 F.2d 1018, 1019 (2d Cir.1965); see also Garcia, 339 F.3d at 117. It does not preclude him from challenging defects in the guilty plea itself, which, as ......
  • United States v. Bastian, Docket No. 13–1156–cr.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • October 29, 2014
    ...defendant's rights to challenge only defects in a “prior stage of the proceedings against him.” United States ex rel. Glenn v. McMann, 349 F.2d 1018, 1019 (2d Cir.1965) ; see also Garcia, 339 F.3d at 117. It does not preclude him from challenging defects in the guilty plea itself, which, as......
  • United States ex rel. Ross v. McMann, No. 492
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • February 26, 1969
    ...of all non-jurisdictional defects in any prior stage of the proceedings against him," relying on United States ex rel. Glenn v. McMann, 349 F.2d 1018 (2 Cir. 1965), cert. denied 383 U.S. 915, 86 S.Ct. 906, 15 L.Ed.2d 669 (1966). In his complaint and supplemental affidavit Ross alleges that ......
  • Mann v. Richardson, No. 153
    • United States
    • United States Supreme Court
    • May 4, 1970
    ...all non-jurisdictional defects in any prior stage of the proceedings against (defendant),' citing United States ex rel. Glenn v. McMann, 349 F.2d 1018 (C.A.2d Cir. 1965), cert. denied, 383 U.S. 915, 86 S.Ct. 906, 15 L.Ed.2d 669 (1966), and other cases. The allegation of coercion by the tria......
  • Request a trial to view additional results

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