Harley W. Miller, and v. Hoyt C. Cupp, Warden, Oregon State Penitentiary
This text of 427 F.2d 710 (Harley W. Miller, and v. Hoyt C. Cupp, Warden, Oregon State Penitentiary) 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.
Opinion
The order denying habeas corpus after a full evidentiary hearing is affirmed.
We agree with the district court that there was not an adequate showing of ineffectiveness of counsel in the sense of farce or sham. The issue of promises of leniency was resolved against petitioner on a question of fact.
The question of not knowing the consequences of the guilty plea would be serious if Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, is retroactive, but we have seen no indication that it is.
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427 F.2d 710, 1970 U.S. App. LEXIS 8280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harley-w-miller-and-v-hoyt-c-cupp-warden-oregon-state-penitentiary-ca9-1970.