Gregory James Holt v. Wayne Estelle, Warden

Good Law
967 F.2d 586·1992 WL 129325·1992 U.S. App. LEXIS 23998
United States Court of Appeals for the Ninth CircuitJune 4, 199291-55796California427 words

Opinion

Opinion

967 F.2d 586 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gregory James HOLT, Petitioner-Appellant, v. Wayne ESTELLE, Warden, Respondent-Appellee. No. 91-55796. United States Court of Appeals, Ninth Circuit. Submitted June 1, 1992. * Decided June 4, 1992. 1 Before D.W. NELSON and DAVID R. THOMPSON, Circuit Judges, and PANNER, ** District Judge. 2 MEMORANDUM *** 3 Petitioner Gregory Holt pled guilty in state court to charges of burglary, rape, oral copulation and attempted sodomy. That plea agreement also reflected the fact that Holt had two prior felony convictions. Holt argues that he did not enter into the plea agreement voluntarily because he was not specifically advised in open court of his right against self-incrimination. Thus, he argues, his plea agreement violates Boykin v. Alabama, 395 U.S. 238 (1969). 4 Before entering the plea, Holt signed a standard waiver form listing all of his constitutional rights. In open court, the trial judge again reminded him of the…

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