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eBook details

• Title: Riggins V. Mcmackin
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 10, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Anthony Riggins filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the guilty plea he entered on April 7, 1983, to the charge of carrying a concealed weapon in the Court of Common Pleas for Cuyahoga County, Ohio. In his petition, Riggins raised three grounds for appeal: (1) he was denied due process when he was sentenced for a felony offense when the indictment charged only a misdemeanor; (2) his guilty plea was not knowingly and voluntarily entered because he was improperly informed of the effect the plea would have on his parole status; and (3) his guilty pleas was not knowingly and voluntarily made because he was never informed of the maximum possible sentence. The district court found that Riggins' first claim had not been fairly presented to the state courts as a federal constitutional claim and was therefore waived. The court found the second claim to be lacking merit because parole implications are indirect consequences of a plea of which a defendant need not be advised. The district court, however, found Riggins' third argument to have merit. It found the record failed to disclose that the trial judge had informed Riggins of the maximum possible sentence and thus the plea was not entered into in a voluntary and intelligent manner.

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