Charles Allen v. E. B. Campbell, Warden

456 F.2d 912, 1972 U.S. App. LEXIS 10790

Opinion

PER CURIAM:

In this appeal the petitioner contends for the first time that his 1965 convictions for robbery and burglary were the product of an involuntary plea of guilty. His failure to exhaust available State remedies with respect to that issue precludes its consideration here. Picard v. Connor, 1971, 404 U.S. 270, 92 S.Ct. 509, 30 L.Ed.2d 438.

Under these circumstances, given the presumptive validity of the guilty plea, we affirm the District Court’s holding that by entering such a plea the petitioner waived all previous nonjurisdictional defects in the proceedings, including those involving the racial composition of the grand jury that indicted him. Colson v. Smith, 5 Cir., 1971, 438 F.2d 1075.

Affirmed.