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

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

U.S. Court of Appeals for the Ninth Circuit · Decided December 9, 1970 · Chambers, Browning, Kilkenny

434 F.2d 1315; 1970 U.S. App. LEXIS 6048 (Federal Reporter, Second Series)

Counsel

Robert J. Gloistein (argued), San Francisco, Cal., for appellant., Robert Granucci (argued), Deputy Atty. Gen., Thomas . C. Lynch, Atty. Gen., Deraid E. Granberg, Michael J. Kell, Deputy Attys. Gen., San Francisco, Cal., for appellee.

Cases that cite this one

2 later published cases cite this decision.

State v. Geppi (Md. Ct. Spec. App. 1973)
Charles Edwin Cornelius, 31343 v. H. C. Cupp, Warden (9th Cir. 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 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.

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