· 4/15/2004
Silas T. McAdoo v. Frank Elo, Warden
Citations
- 365 F.3d 487
- 2004 U.S. App. LEXIS 7258
- 2004 WL 816383
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affirming denial of habeas relief on petitioner’s claim that his “guilty plea was not knowing and voluntary because he was misinformed by his attorney about the consequences of his plea” based on answers petitioner provided during his plea colloquy
- where a defendant receives the “bargained for benefit” the plea is not illusory and he is not entitled to habeas relief
- a life sentence with the possibility of parole instead of a life sentence without the possibility of parole is not an illusory benefit, even if the parole board rarely grants parole to prisoners sentenced to life imprisonment
- “A federal court is to apply a presumption of correctness to state court findings of fact for habeas corpus purposes unless clear and convincing evidence is offered to rebut the presumption.” (citing, among authority, 28 U.S.C. § 2254(e)(1)
Source: CourtListener parenthetical corpus (CC0).
Judges: Gilman, Gibbons, Polster
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.