Charles Allen v. E. B. Campbell, Warden

Fifth Circuit

Charles Allen v. E. B. Campbell, Warden

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

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 13, 1972

Docket71-3537

StatusPublished

Cited by2 cases

This text of 456 F.2d 912 (Charles Allen v. E. B. Campbell, Warden) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Charles Allen v. E. B. Campbell, Warden, 456 F.2d 912, 1972 U.S. App. LEXIS 10790 (5th Cir. 1972).

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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.

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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.

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456 F.2d 912, 1972 U.S. App. LEXIS 10790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-allen-v-e-b-campbell-warden-ca5-1972.

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