U.S. Court of Appeals for the Ninth Circuit, 1970

Commodore William Moss v. Walter E. Craven, Warden

U.S. Court of Appeals for the Ninth Circuit · Decided May 26, 1970 · Browning, Hufstedler, Battin

427 F.2d 139; 1970 U.S. App. LEXIS 9061 (Federal Reporter, Second Series)

Counsel

Larry Daines (argued), Pasadena, Cal., for petitioner-appellant., Commodore William Moss, in pro. per. John P. Oakes (argued), Deraid E. Granberg, Deputy Attys. Gen., Thomas C. Lynch, Atty. Gen. of California, San Francisco, Cal., for respondent-appellee.

Cases that cite this one

37 later published cases cite this decision. The 24 that cite it most often are listed here.

United States v. Wayne Doyce McWilliams (9th Cir. 1984)
Geza De Kaplany v. J. J. Enomoto, Director of California Department of Corrections (9th Cir. 1976)
Francis Hamilton Griswold v. Frank A. Eyman, Warden, Arizona State Prison (9th Cir. 1972)
Conley v. State (Ind. 1972)
Ruben Benn v. Frank A. Eyman, Warden (9th Cir. 1971)
Terri Lorraine Chilcote v. State of Alaska (Alaska Ct. App. 2020)
Robert G. Penrod v. State of California (9th Cir. 1993)
Rhoden v. State (Tenn. Crim. App. 1991)
George N. Allen v. B.J. Bunnell (9th Cir. 1989)
Hart v. Risley (District Court, D. Montana 1984)
State v. Holsworth (Wash. 1980)
Cammack v. New York (District Court, E.D. New York 1978)
Kenneth Sailer v. J. B. Gunn (9th Cir. 1977)
State v. Johnston (Wash. Ct. App. 1977)
James H. Hendron v. Henry E. Cowan, Superintendent, Kentucky State Penitentiary (6th Cir. 1976)
Richard Bellew v. J. B. Gunn (9th Cir. 1976)
United States v. Randall Wilford Pricepaul (9th Cir. 1976)
Yellowwolf v. Morris (9th Cir. 1976)
Ronald G. Scranton v. W. J. Whealon, Superintendent (6th Cir. 1975)
Winegar v. CORRECTIONS DEPARTMENT (District Court, W.D. Michigan 1975)
James Burchett v. Harold J. Cardwell, Warden, Arizona State Penitentiary (9th Cir. 1974)
Robert Dale Bernath v. Walter E. Craven, Warden, Folsom State Prison (9th Cir. 1974)
Sailer v. Gunn (United States District Court for the Central District of California 1974)
Lucas v. Cowan (District Court, W.D. Kentucky 1973)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Petitioner, a California prisoner, appeals from an order of the district court denying his petition for a writ of habeas corpus.

After an evidentiary hearing the district court found that “petitioner was properly represented by counsel and that he pleaded guilty with an understanding of the significance of the plea and the consequences stemming therefrom.” Based on the testimony adduced at the hearing, and the state court record, we cannot say that these findings are clearly erroneous. Knowles v. Gladden, 378 F.2d 761, 766-767 (9th Cir. 1967).

Petitioner contends that the state trial record was insufficient to establish the voluntariness of his guilty plea under the standards enunciated in Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). In Halliday v. United States, 394 U.S. 831, 89 S.Ct. 1498, 23 L.Ed.2d 16 (1969), the Supreme Court held that the rule of McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969), would apply only to guilty pleas accepted after the date of the McCarthy decision. We think that the reasoning of Halliday requires the denial of retroactive effect to the Boykin decision. Accord, United States ex rel. Hughes v. Rundle, 419 F.2d 116, 118 (3d Cir. 1969); In re Tahl, 1 Cal.3d 122, 134-135, 81 Cal.Rptr. 577, 585-586, 460 P.2d 449 (1969).

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.