· 2/26/1982
Manuel Barrientos A/K/A Manny Redmon v. United States
Citations
- 668 F.2d 838
- 1982 U.S. App. LEXIS 21440
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- citing, inter alia, Cuyler v. Sullivan, 446 U.S. at 341-42, 100 S.Ct. at 1714-15
- absent a jurisdictional defect, a defendant usually has no right to appeal his conviction from a plea of guilty
- absent a jurisdictional defect, a defendant usually has no right to appeal his conviction from a plea of guilty
- “[F]ailure of counsel to timely file an appeal upon request of the defendant ... would constitute ineffective assistance of counsel entitling the defendant to post-conviction relief in the form of an out-of-time appeal”
- “We note that following a plea of guilty, a defendant may in some circumstances question the propriety of a Rule 11 proceeding. Other complaints, however, not based on a jurisdictional or Rule 11 ground should be considered in a motion to vacate under Section 2255.”
- a voluntary plea “waives all non-jurisdictional defects in the proceedings”
Source: CourtListener parenthetical corpus (CC0).
Judges: Garza, Gee, Reavley
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.