John Byron Cuffle v. Robert Goldsmith
Opinion
Opinion
Lively, J.
The petitioner, an Arizona state prisoner, appeals from the district court’s denial of his application for a writ of habeas corpus. The history of the case covers a period of many years and a brief recitation of the facts is necessary.
I.
In 1975, Cuffle was charged with first degree murder in connection with a homicide that occurred in 1973. In 1975, Cuffle was also charged with armed kidnapping in a separate case. Pursuant to a plea agreement in which the sentence for murder was stipulated as life imprisonment, Cuffle entered no contest pleas to both charges and was sentenced to consecutive terms of 75 to 100 years in prison for armed kidnapping and life with eligibility for parole in 25 years on the murder charge. On appeal, the Arizona Supreme Court determined that the record did not contain sufficient evidence on the issue of whether Cuffle fully understood, or was advised by counsel before the pleas, of the nature of the charges against him. Thus, the Arizona Supreme Court remanded the case to the trial court for the purpose of conducting an evidentiary hearing. The supreme court did not vacate the convictions or the sentences. It stated that the conviction and pleas “need…