Harley W. Miller, and v. Hoyt C. Cupp, Warden, Oregon State Penitentiary
U.S. Court of Appeals for the Ninth Circuit
Harley W. Miller, and v. Hoyt C. Cupp, Warden, Oregon State Penitentiary, 427 F.2d 710 (9th Cir. 1970)
1970 U.S. App. LEXIS 8280
Harley W. Miller, and v. Hoyt C. Cupp, Warden, Oregon State Penitentiary
Opinion
The order denying habeas corpus after a full evidentiary hearing is affirmed.
We agree with the district court that there was not an adequate showing of ineffectiveness of counsel in the sense of farce or sham. The issue of promises of leniency was resolved against petitioner on a question of fact.
The question of not knowing the consequences of the guilty plea would be serious if Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, is retroactive, but we have seen no indication that it is.
Reference
- Full Case Name
- Harley W. MILLER, Petitioner and Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Appellee
- Cited By
- 1 case
- Status
- Published