Robert Reliford, and v. Walter E. Craven, Warden
This text of 434 F.2d 1315 (Robert Reliford, and v. Walter E. Craven, Warden) 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 decision of the district court is affirmed.
Boykin v. Alabama (1969), 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274, upon which appellant heavily relies, is distinguishable on its facts, and it is not retroactive. Miller v. Cupp (9th Cir. 1970), 427 F.2d 710.
The trial court disbelieved petitioner on his claim of naivete in entering his guilty plea. It believed contrary general testimony of counsel. Under the circumstances, if the burden of proof could be said to be on the state, we think it was sustained.
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434 F.2d 1315, 1970 U.S. App. LEXIS 6048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-reliford-and-v-walter-e-craven-warden-ca9-1970.