Robert Reliford, and v. Walter E. Craven, Warden

U.S. Court of Appeals for the Ninth Circuit
Robert Reliford, and v. Walter E. Craven, Warden, 434 F.2d 1315 (9th Cir. 1970)
1970 U.S. App. LEXIS 6048

Robert Reliford, and v. Walter E. Craven, Warden

Opinion

PER CURIAM:

The decision of the district court is affirmed.

Boykin v. Alabama (1969), 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, upon which appellant heavily relies, is distinguishable on its facts, and it is not retroactive. Miller v. Cupp (9th Cir. 1970), 427 F.2d 710.

The trial court disbelieved petitioner on his claim of naivete in entering his guilty plea. It believed contrary general testimony of counsel. Under the circumstances, if the burden of proof could be said to be on the state, we think it was sustained.

Reference

Full Case Name
Robert RELIFORD, Petitioner and Appellant, v. Walter E. CRAVEN, Warden, Appellee
Cited By
2 cases
Status
Published