United States of America Ex Rel. Louis Herbert Martin v. Edward M. Fay, as Warden of Green Haven Prison, Stormville, New York

352 F.2d 418, 1965 U.S. App. LEXIS 4028

• Court: Court of Appeals for the Second Circuit
• Decided: November 8, 1965
• Docket: 29684_1
• Status: Published

Opinions

PER CURIAM.

On January 22, 1959, upon advice of counsel and in open court, appellant pleaded guilty to a charge of murder in the second degree and was sentenced to a term of thirty years in prison by the Westchester County Court of the State of New York. In this appeal, he is seeking reversal of the denial by the United States District Court for the Southern District of New York, without hearing, of his application for a writ of habeas corpus. Appellant claims (1) that he was deprived of his right to counsel during the post-arrest interrogation, (2) that he pleaded guilty because a coerced confession had been obtained from him and (3) that relevant exculpatory evidence had been suppressed by the prosecution.

An examination of the facts and circumstances surrounding the taking of the plea convinces us that the plea was made voluntarily, the colloquy between the sentencing judge and appellant being decisive. As we have recently held in United States ex rel. Glenn, “A voluntary guilty plea entered on advice of counsel is a waiver of all non-jurisdictional defects in any prior stage of the proceedings” against the defendant. United States ex rel. Glenn v. McMann, 349 F.2d 1018, 2d Cir., August 26, 1965. See also United States ex rel. Swanson v. Reincke, 344 F.2d 260 (2 Cir. 1965); United States ex rel. Boucher v. Reincke, 341 F.2d 977 (2 Cir. 1965).

Affirmed.