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Terry Ladner v. C. Murray Henderson, Warden, Louisiana State Penitentiary

Terry LADNER, Petitioner-Appellant, v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, Respondent-Appellee

Ladner v. C. Murray Henderson,, La. State Penitentiary, 438 F.2d 638 (5th Cir. 1971)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
February 9, 1971
Docket
No. 30765
Judges
Thornberry, Morgan, Clark
Citations
438 F.2d 6381971 U.S. App. LEXIS 11941

Opinion — Per Curiam

PER CURIAM:

Ladner appeals the district court’s denial of his petition for a writ of habeas corpus. We affirm.

On March 29, 1968, the appellant pleaded guilty to the charge of escaping from the Louisiana Correctional and Industrial School, where he was then serving a five-year sentence for attempted armed robbery. He received an additional two-year sentence to run consecutively to his five-year sentence.

The appellant now complains that the state trial judge did not inform him that he would lose his accumulated “good time” and consideration for parole as a result of his plea of guilty. He contends that the failure to inform him *639 of this prior to acceptance of the plea vitiated the guilty plea.

We do not agree. This collateral effect of the plea was too remote to require the sentencing court to advise him with regard to it, since it concerned an entirely different conviction. Moreover, it is not essential to the validity of a guilty plea, that non-eligibility for parole be explained to the defendant. See Onick v. United States, 5th Cir. 1970, 425 F.2d 1292 ; Sanchez v. United States, 5th Cir. 1969, 417 F.2d 494 .

The judgment of the district court is affirmed.

Affirmed.

How later courts describe this case

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

1971: 119712026peak 1971 · 1

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 2

DepthCaseCited by
Sanchez v. United States, 417 F.2d 494 (5th Cir. 1969) 24
Onick v. United States, 425 F.2d 1292 (5th Cir. 1970) 9

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