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Barry Don Simmons, and v. Walter E. Craven, Warden, Folsom State Prison, And

U.S. Court of Appeals for the Ninth Circuit
Barry Don Simmons, and v. Walter E. Craven, Warden, Folsom State Prison, And, 435 F.2d 554 (9th Cir. 1971)
Chambers, Hamley, Merrill, Per Curiam

Barry Don Simmons, and v. Walter E. Craven, Warden, Folsom State Prison, And

Opinion

PER CURIAM:

The decision of the district court denying habeas corpus relief is affirmed.

Here a pre-Boykin (Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274) guilty plea is attacked.

There is no allegation that he did not understand the consequences of his plea. And, he had competent trial counsel.

The contention that his plea was coerced because there was a threat to use his wife as a witness is made. Assuming this would violate a privilege either he or his wife could claim, the answer is he had competent counsel, a state rule of evidence is involved, and we have held in Moss v. Craven, 9 Cir., 427 F.2d 139, that Boykin is not retroactive.

Reference

Full Case Name
Barry Don SIMMONS, Petitioner and Appellant, v. Walter E. CRAVEN, Warden, Folsom State Prison, Respondent and Appellee
Cited By
1 case
Status
Published
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