Claude Francis Roddy, Jr. v. Harold E. Black, Superintendent

516 F.2d 1380, 1975 U.S. App. LEXIS 14521
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 27, 1975
Docket74-1985
StatusPublished
Cited by128 cases

This text of 516 F.2d 1380 (Claude Francis Roddy, Jr. v. Harold E. Black, Superintendent) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Claude Francis Roddy, Jr. v. Harold E. Black, Superintendent, 516 F.2d 1380, 1975 U.S. App. LEXIS 14521 (6th Cir. 1975).

Opinions

CELEBREZZE, Circuit Judge.

This is an appeal from the denial of a writ of habeas corpus. After an evidentiary hearing, the District Court rejected Appellant’s contention that habeas relief was justified on the grounds that his guilty plea was not properly accepted, that his counsel had rendered ineffective assistance, and that his convictions were induced by the perjury of an ex-wife.

Appellant was charged on December 8, 1971 in two separate indictments alleging immoral and indecent practices under section 435.105, Ky.Rev.Stat. Indictment No. 145905 charged that he had engaged in forbidden activity with an eleven-year-old stepdaughter, Paula Corbitt. Indictment No. 145521 asserted a similar offense involving a second child.

On January 10, 1972, a pre-trial conference was held among Appellant, his counsel, and the Commonwealth’s Attorney. This conference was preceded by numerous interviews between Appellant and his attorney, as well as discussions between Appellant’s counsel and the complaining witnesses. At the conference, what the District Court described as “an agreed disposition” was reached. Under it Appellant was to plead guilty to assault and battery on Indictment No. 145521 and to receive a 90-day jail sentence, with credit for 71 days already served. As to Indictment No. 145905, the District Court stated that the following terms were agreed to:

The defendant was to plead guilty and to receive a recommended sentence of ten years with the understanding that the defendant would move that the sentence would be withheld for five years and that there would be no objection by the Commonwealth.

Appellant signed a “pre-trial disposition sheet” for No. 145905, which states that his guilty plea would be to the charge of “I & I,” that the maximum sentence was ten years, and that the recommendation would be “10 yrs Deft Mo W/H for 5 yrs No objection by Commonwealth.” The state trial judge then convened a formal session and accepted Appellant’s guilty plea, after a colloquy reprinted as an Appendix to this opinion. Appellant was convicted of assault and battery on No. 145521 and of immoral and indecent practices on No. 145905, receiving a 90-day jail term and a probated ten-year sentence on the respective charges.

While on probation in late 1972, Appellant was charged with armed robbery, malicious shooting and wounding, and grand larceny. Although these charges appear to have been dismissed, they resulted in revocation of his probation. On January 19, 1973, he was sentenced to serve the full ten years received under Indictment No. 145905. After exhausting state remedies, Appellant sought habeas relief from the federal courts. The District Court’s denial of a writ led to this appeal.

First, Appellant argues that he is “obviously and clearly innocent of any [1383]*1383charges” and that justice demands issuance of a writ. The Great Writ is not an instrument which the federal courts may employ at will to reverse state criminal convictions. Rather it is the means by which federal courts may undo “restraints contrary to our fundamental law, the Constitution.” Fay v. Noia, 372 U.S. 391, 409, 83 S.Ct. 822, 832, 9 L.Ed.2d 837 (1963). Assuming that no constitutional violations occurred in the taking of Appellant’s plea, his imprisonment is the proper and direct result of his own admission of guilt. That his conviction may have been the result of plea bargaining and that he did not expressly admit his guilt are factors that do not invalidate his plea. Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971); North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970); United States v. Cox, 464 F.2d 937, 943 (6th Cir. 1972). Absent a claim of prosecutorial involve-, ment in perjured testimony, the federal habeas corpus court has no jurisdiction to consider Appellant’s attack on the Veracity of his ex-wife’s charges against him. Burks v. Egeler, 512 F.2d 221 (6th Cir. 1975).

Second, Appellant asserts that he was denied the Sixth Amendment right to the effective assistance of counsel. The District Court made explicit findings that Appellant’s counsel rendered him reasonably effective assistance, in accordance with the standards enunciated in Beasley v. United States, 491 F.2d 687 (6th Cir. 1974). The record supports these findings.

Third, Appellant argues that his plea was not knowingly and intelligently entered and that the state trial judge failed to follow procedures required by Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969).

One aspect of this claim is the argument that under Boykin, before accepting a guilty plea, a state judge must conduct an on-the-record examination of a defendant in full compliance with Rule 11, Fed.R.Crim.P. Appellant maintains that Boykin was violated because the trial judge failed to advise him of the maximum sentence for the offenses charged, to ascertain whether a factual basis existed for the plea, and to state precisely the charges to which he was pleading.

Rule 11 is a federal procedural rule, which must be observed scrupulously by the federal courts. McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969); United States v. Wolak, 510 F.2d 164 (6th Cir. 1975). The precise terms of Rule 11 are not constitutionally applicable to the state courts. Scranton v. Whealon, 514 F.2d 99 (6th Cir. 1975); Lawrence v. Russell, 430 F.2d 718, 721 (6th Cir. 1970).1

What Boykin does require has not been fully discussed in this Circuit. Although our decisions have touched upon Boykin, referring to its “affirmative disclosure” requirement, Cochran v. Norvell, 446 F.2d 61, 63 (6th Cir. 1971),2 no decision has dealt squarely with its meaning.3

Boykin requires that no guilty plea be accepted “without an affirmative showing that it was intelligent and voluntary.” 395 U.S. at 242, 89 S.Ct. at 1711. Boykin mandates that a conviction based on a guilty plea be reversed [1384]*1384unless “the prosecution spread[s] on the record the prerequisites of a valid waiver” of the constitutional rights which a defendant surrenders by pleading guilty. 395 U.S. at 242, 89 S.Ct. at 1712.

It is good procedure, therefore, for a state judge to conduct a careful inquiry into the defendant’s understanding of the nature and consequences of his plea.4 A comprehensive on-the-record inquiry into this matter “forestalls the spin-off of collateral proceedings that seek to probe murky memories.” 395 U.S. at 244, 89 S.Ct. at 1713.

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Bluebook (online)
516 F.2d 1380, 1975 U.S. App. LEXIS 14521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claude-francis-roddy-jr-v-harold-e-black-superintendent-ca6-1975.