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· 11/22/1991

United States v. David Allen Hagen Defusco, (Two Cases)

Citations

  • 949 F.2d 114

How courts have described this case

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

  • holding that defendant’s statement at Rule 11 hearing that he was neither coerced nor threatened was “strong evidence of the voluntariness of his plea”
  • holding that a Rule 11 violation does not affect substantial rights if the defendant obtains the omitted information from the plea agreement
  • holding that when a defendant was repeatedly informed of the elements of the crime, specifically including the intent element, and then admitted the existence of those elements, factual basis for crime was established
  • holding that claims of ineffective assistance of counsel must be brought in a collateral proceeding under 28 U.S.C. § 2255 (2000), unless it conclusively appears from the face of the record that his counsel was ineffective
  • holding that district courts are to be given a wide degree of discretion in deciding the best method to inform and ensure a defendant’s understanding of the charges and, to that end, may con- sider the defendant’s personal characteristics
  • finding that defendant’s statement at Rule 11 hearing that he was not coerced constitutes “strong evidence of the voluntariness of his plea”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ervin, Garbis, Hall

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.