· 11/24/1998
Arthur Donnell Miller, Jr. v. Ron Champion
Citations
- 161 F.3d 1249
- 1999 Colo. J. C.A.R. 363
- 1998 U.S. App. LEXIS 29972
- 1998 WL 811780
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the “presumption of correctness does not apply ... if the habeas petitioner did not receive a full, fair and adequate hearing in the state court proceeding on the matter sought to be raised in the habeas petition”
- concluding that defendant’s plea was involuntary when “[t]he court never inquired of [defendant] whether he understood the elements of the crime to which he was pleading guilty, nor did it ask [him] whether his attorney had explained these elements to him”
- observing that “courts have concluded” in some cases “that the indictment or information supplied the defendant with the necessary notice of the elements of the crimes to which [the defendant] pleaded guilty”
- noting there are serious reasons to doubt this presumption applies in the absence of a factual basis for it and refusing to apply it under the particular facts of the case
- remanding a § 2254 petition for an evidentiary hearing to develop the factual record
- declining to presume that defense counsel explained the intent element of second-degree murder where the district court did not ask the defendant whether his lawyer had explained the elements to him or whether he understood the elements of the offense
Source: CourtListener parenthetical corpus (CC0).
Judges: Porfilio, Kelly, Henry
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.