Clarence Melvin Minor v. United States

Eighth Circuit

Clarence Melvin Minor v. United States

445 F.2d 637, 1971 U.S. App. LEXIS 10501

CourtCourt of Appeals for the Eighth Circuit

DecidedApril 28, 1971

Docket71-1038

StatusPublished

Cited by3 cases

This text of 445 F.2d 637 (Clarence Melvin Minor v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clarence Melvin Minor v. United States, 445 F.2d 637, 1971 U.S. App. LEXIS 10501 (8th Cir. 1971).

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Opinion

PER CURIAM.

The judgment is affirmed on the opinion of the District Court. The sentence having been imposed prior to McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969), it was not per se invalid for failure of compliance with Fed.R.Crim.P. 11. Halliday v. United States, 394 U.S. 831, 89 S.Ct. 1498, 23 L.Ed.2d 16 (1969). The court’s finding of voluntariness was clearly warranted. The court’s failure to inform the defendant of a possible death penalty, where it was not imposed, supports the finding of voluntariness rather than conflicts with it.

Judgment affirmed.

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PER CURIAM.

The judgment is affirmed on the opinion of the District Court. The sentence having been imposed prior to McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969), it was not per se invalid for failure of compliance with Fed.R.Crim.P. 11. Halliday v. United States, 394 U.S. 831, 89 S.Ct. 1498, 23 L.Ed.2d 16 (1969). The court’s finding of voluntariness was clearly warranted. The court’s failure to inform the defendant of a possible death penalty, where it was not imposed, supports the finding of voluntariness rather than conflicts with it.

Judgment affirmed.

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Bluebook (online)

445 F.2d 637, 1971 U.S. App. LEXIS 10501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clarence-melvin-minor-v-united-states-ca8-1971.

Opinion

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