Harley W. Miller, and v. Hoyt C. Cupp, Warden, Oregon State Penitentiary

Good Law
427 F.2d 710·1970 U.S. App. LEXIS 8280
United States Court of Appeals for the Ninth CircuitJuly 8, 197024238_1California92 words

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.