Roulette Blair v. Daniel J. McCarthy

Ninth Circuit

Roulette Blair v. Daniel J. McCarthy

896 F.2d 436, 1990 WL 16962

CourtCourt of Appeals for the Ninth Circuit

DecidedFebruary 27, 1990

Docket87-6690

StatusPublished

Cited by2 cases

This text of 896 F.2d 436 (Roulette Blair v. Daniel J. McCarthy) 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.

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Roulette Blair v. Daniel J. McCarthy, 896 F.2d 436, 1990 WL 16962 (9th Cir. 1990).

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Opinion

ORDER

The opinion, 881 F.2d 602 (9th Cir.1989), is amended as follows:

The first full paragraph of the second column at 881 F.2d 603 (beginning with “This court has expressly recognized ... ”) is amended to read:

It is well-established that an allegation of a mere technical violation of state law, by itself, does not support a claim for federal habeas relief. See Engle v. Isaac, 456 U.S. 107, 121 n. 21, 102 S.Ct. 1558, 1568, 71 L.Ed.2d 783 (1982); Wayne v. Raines, 690 F.2d 685, 687 (9th Cir.1982), cert. denied, 464 U.S. 914, 104 S.Ct. 275, 78 L.Ed.2d 256 (1983). This circuit has held, however, that when a defendant has not been informed of a penal consequence of his guilty plea in violation of state law and the defendant shows that “he was prejudiced or his rights were affected by the omission by the state trial judge,” he may obtain federal collateral relief. Wayne, 690 F.2d at 687.

Circuit Judge POOLE does not concur in the amendment.

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ORDER

The opinion, 881 F.2d 602 (9th Cir.1989), is amended as follows:

The first full paragraph of the second column at 881 F.2d 603 (beginning with “This court has expressly recognized ... ”) is amended to read:

It is well-established that an allegation of a mere technical violation of state law, by itself, does not support a claim for federal habeas relief. See Engle v. Isaac, 456 U.S. 107, 121 n. 21, 102 S.Ct. 1558, 1568, 71 L.Ed.2d 783 (1982); Wayne v. Raines, 690 F.2d 685, 687 (9th Cir.1982), cert. denied, 464 U.S. 914, 104 S.Ct. 275, 78 L.Ed.2d 256 (1983). This circuit has held, however, that when a defendant has not been informed of a penal consequence of his guilty plea in violation of state law and the defendant shows that “he was prejudiced or his rights were affected by the omission by the state trial judge,” he may obtain federal collateral relief. Wayne, 690 F.2d at 687.

Circuit Judge POOLE does not concur in the amendment.

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896 F.2d 436, 1990 WL 16962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roulette-blair-v-daniel-j-mccarthy-ca9-1990.

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