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· 5/30/1985

Michael Alan Pitts v. United States

Citations

  • 763 F.2d 197
  • 1985 U.S. App. LEXIS 20678

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “affirmative misstatements of the maximum possible sentence” are sufficient to invalidate a guilty plea if the misstatements are material to defendant’s decision to plead guilty
  • reciting numerous cases finding that withdrawal of defendant’s plea was appropriate in light of counsel’s misadvice concerning sentence exposure, both when counsel overstated and understated defendant’s possible sentence
  • court noted that the petitioner was suffering the ongoing disability of an enhanced state court sentence in finding coram nobis relief appropriate
  • “[This case] involves affirmative misstatements of the maximum possible sentence. Numerous cases have held that misunderstandings of this nature invalidate a guilty plea.”
  • on habeas review, “that Boykin was not fully complied with, however, does not end the inquiry. The ultimate question which remains is whether [petitioner’s] plea was in fact voluntary and intelligent.”
  • “We stress that this case does not involve a mere failure to give a defendant some information which he later claims would have affected his pleading decision.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Contie, Milburn, Brown

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.