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· 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 CourtListener

Sourced 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.