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

Harley W. Miller, and v. Hoyt C. Cupp, Warden, Oregon State Penitentiary

U.S. Court of Appeals for the Ninth Circuit · Decided July 8, 1970 · Chambers, Merrill, Per Curiam, Wollenberg

427 F.2d 710; 1970 U.S. App. LEXIS 8280 (Federal Reporter, Second Series)

Counsel

Harley W. Miller, in pro. per., for appellant., Lee Johnson, Atty. Gen. of Oregon, Jacob B. Tanzer, Sol. Gen., David H. Blunt, Ass’t. Atty. Gen., State of Oregon, Salem, Or., for appellee.

Cases that cite this one

1 later published case cites this decision.

Tahl v. O'CONNOR (United States District Court for the Southern District of California 1971)

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:

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.

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