TaiLexi AI U.S. Case Law

Arthur Lee Hamilton v. State of Florida

Arthur Lee HAMILTON, Appellant, v. STATE OF FLORIDA, Appellee

Hamilton v. Florida, 390 F.2d 872 (5th Cir. 1968)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
March 15, 1968
Docket
No. 25261_1
Judges
Wisdom, Bell, Dyer
Citations
390 F.2d 8721968 U.S. App. LEXIS 7687

Opinion — Per Curiam

PER CURIAM:

Appellant, a Florida state prisoner represented by court appointed counsel, was sentenced to life imprisonment in 1962 on a plea of guilty to a charge of murder. His petition for habeas corpus was denied without an evidentiary hearing in the District Court.

His contentions were that he was held incommunicado for eleven days; that his counsel was inadequate and incompetent; that he was arrested without a warrant; and that he was not taken before a magistrate. There is no allegation whatever to connect these charges with the decision to plead guilty. We held in Busby v. Holman, 5 Cir., 1966, 356 F.2d 75, 77 , that:

“ * * * the plea, if voluntarily and understandingly made, is conclusive as to the defendant’s guilt, admitting all the facts charged and waiving all non-jurisdietional defects in the prior proceedings against him.”

See also Broxson v. Wainwright, 5 Cir., 1967, 372 F.2d 944 . Thus relief to appellant is precluded by his plea absent, as here, an allegation that the plea of guilty was involuntary.

Appellant’s only claim in this respect is contained in his brief in this court: That his counsel threatened him with the electric chair if he did not plead guilty. We construe this bare statement to mean that counsel advised him of the possibility that he could receive the death sentence. This, of course, was no more than what a competent lawyer would do in canvass *873 ing the alternatives available to a defendant. See Cooper v. Holman, 5 Cir., 1966, 356 F.2d 82, 85 . There is no merit in the petition.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1969: 31970: 41971: 11973: 119692026peak 1970 · 4

Relies on it most ⓘ

  1. Albert Zales v. C. Murray Henderson, Warden, Louisiana State Penitentiary433 F.2d 20 (5th Cir. 1970)
  2. Henry A. Parrish v. Dr. George J. Beto, Director, Texas Department of Corrections414 F.2d 770 (5th Cir. 1969)
  3. United States v. Summerlin298 F. Supp. 929 (M.D. Ala. 1969)
  4. Leroy Williams v. S. Lamont Smith, Warden, Georgia State Prison, Reidsville, Georgia434 F.2d 592 (5th Cir. 1970)
  5. Hamilton v. State219 So. 2d 43 (Fla. Dist. Ct. App. 1969)
  6. Huguenot v. State230 So. 2d 488 (Fla. Dist. Ct. App. 1970)

Most recent

  1. Mason v. Anderson357 F. Supp. 672 (W.D. Okla. 1973)
  2. Sluder v. Henderson333 F. Supp. 401 (E.D. La. 1971)
  3. Leroy Williams v. S. Lamont Smith, Warden, Georgia State Prison, Reidsville, Georgia434 F.2d 592 (5th Cir. 1970)
  4. Leroy Williams v. S. Lamont Smith, Warden, Georgia State Prison, Reidsville, Georgia434 F.2d 592 (5th Cir. 1970)
  5. Albert Zales v. C. Murray Henderson, Warden, Louisiana State Penitentiary433 F.2d 20 (5th Cir. 1970)
  6. Huguenot v. State230 So. 2d 488 (Fla. Dist. Ct. App. 1970)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Busby v. William C. Holman,, Kilby Prison, 356 F.2d 75 (5th Cir. 1966) 188
Grant Cooper v. Holman, 356 F.2d 82 (5th Cir. 1966) 58
Broxson v. Wainwright, 372 F.2d 944 (5th Cir. 1967) 10

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list