Barry Don Simmons, and v. Walter E. Craven, Warden, Folsom State Prison, And

Ninth Circuit

Barry Don Simmons, and v. Walter E. Craven, Warden, Folsom State Prison, And

435 F.2d 554

CourtCourt of Appeals for the Ninth Circuit

DecidedFebruary 2, 1971

Docket25746

StatusPublished

Cited by1 cases

This text of 435 F.2d 554 (Barry Don Simmons, and v. Walter E. Craven, Warden, Folsom State Prison, And) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barry Don Simmons, and v. Walter E. Craven, Warden, Folsom State Prison, And, 435 F.2d 554 (9th Cir. 1971).

Pincite

Opinion

PER CURIAM:

The decision of the district court denying habeas corpus relief is affirmed.

Here a pre-Boykin (Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274) guilty plea is attacked.

There is no allegation that he did not understand the consequences of his plea. And, he had competent trial counsel.

The contention that his plea was coerced because there was a threat to use his wife as a witness is made. Assuming this would violate a privilege either he or his wife could claim, the answer is he had competent counsel, a state rule of evidence is involved, and we have held in Moss v. Craven, 9 Cir., 427 F.2d 139, that Boykin is not retroactive.

Free access — add to your briefcase to read the full text and ask questions with AI