green
Positive treatment
4.4 score
Treatment trajectory · 1974 → 2026 · click a year to view as-of
1974
2000
2026
Top citers, strongest first. 12 distinct citers.
discussed
Cited "see"
State v. Bollig
See State v. Madison, 120 Wis. 2d 150, 160-61 , 353 N.W.2d 835, 841 (Ct. App. 1984). "[T]he distinction between 'direct' and collateral consequences of a plea . . . turns on whether the result represents a definite, immediate, and largely automatic effect on the range of the defendant's punishment." James, 176 Wis. 2d at 238 , 500 N.W.2d at 348 (quoting Cuthrell v. Director, Patuxent Inst., 475 F.2d 1364, 1366 (4th Cir.), cert. denied, 414 U.S. 1005 (1973)).
discussed
Cited "see"
Ex Parte Morrow
(2×)
See Cuthrell v. Director, Patuxent Institution, 475 F.2d 1364, 1366 (4th Cir.1973), cert. denied, 414 U.S. 1005 , 94 S.Ct. 362 , 38 L.Ed.2d 241 (1973).
discussed
Cited "see"
James Willie Smith v. Talmadge Barnett Attorney General of North Carolina
See Cuthrell v. Director, Patuxent Inst., 475 F.2d 1364, 1366 (4th Cir.) (consequence is direct if it "represents a definite, immediate and largely automatic effect on the range of the defendant's punishment"), cert. denied, 414 U.S. 1005 (1973). 5 The state court did not advise Smith that a fine was a possible penalty before accepting his guilty plea, and Smith claims he did not know that a fine could be imposed.
cited
Cited "see"
Terry Trent Wilson v. Bob Furlong, and Gale A. Norton, Attorney General
See Cuthrell v. Director, Patuxent Institution, 475 F.2d 1364, 1366 (4th Cir.), cert. denied, 414 U.S. 1005 (1973).
discussed
Cited "see"
Sherbo v. Manson
See id. “ ‘The distinction between “direct” and “collateral” consequences of a plea, while sometimes shaded in the relevant decisions, turns on whether the result represents a definite, immediate and largely automatic effect on the range of the defendant’s punishment.’ Cuthrell v. Director, Patuxent Institution, 475 F.2d 1364, 1366 (4th Cir.), cert. denied, 414 U.S. 1005 , 94 S. Ct. 362 , 38 L.
discussed
Cited "see"
Gerald Bryant v. Lawrence Edward Cherry Rufus L. Edmisten, Attorney General of North Carolina
It is well established that a guilty plea is not considered voluntary and intelligent unless it is “ ‘entered by one fully aware of the direct consequences, including the actual value of any commitments made to him by the court, prosecutor, or his own counsel ....’” Brady v. United States, 397 U.S. 742, 755 , 90 S.Ct. 1463, 1472 , 25 L.Ed.2d 747 (1970) (quoting Shelton v. United States, 242 F.2d 101, 115 (5th Cir. 1957) (Tuttle, J., dissenting); see Cuthrell v. Director, Patuxent Institution, 475 F.2d 1364, 1365 (4th Cir.), cert. denied, 414 U.S. 1005 , 94 S.Ct. 362 , 38 L.Ed.2d 241 (1…
discussed
Cited "see"
United States v. John B. Nicosia
(2×)
See United States v. Perry, 478 F.2d 1276, 1278 (7th Cir.), cert. denied, 414 U.S. 1005 , 94 S.Ct. 363 , 38 L.Ed.2d 241 (1973).
discussed
Cited "see, e.g."
Goodall v. United States
The result [is] absolutely part and parcel to the sentence itself.”); see also Cuthrell v. Director, Patuxent Institution, 475 F.2d 1364, 1366 (4th Cir.) (consequence is “collateral” if it is not a definite, practical consequence of a defendant’s guilty plea), cert. denied, 414 U.S. 1005 , 94 S.Ct. 362 , 38 L.Ed.2d 241 (1973).
discussed
Cited "see, e.g."
Cruz v. State
The cases define a "direct consequence of a plea"as to which the trial judge is required to inform the defendantas "one that has a `definite, immediate, and largely automatic effect on the range of the defendant's punishment.'" Fox, 659 So.2d at 1327 , quoting Zambuto v. State, 413 So.2d 461, 462 (Fla. 4th DCA 1982); see also Cuthrell v. Director, 475 F.2d 1364 (4th Cir.1973)(same), cert. denied, 414 U.S. 1005 , 94 S.Ct. 362 , 38 L.Ed.2d 241 (1973); Daniels v. State, 716 So.2d 827 (Fla. 4th DCA 1998)(distinguishing direct and collateral consequences); State v. Ward, 123 Wash.2d 488 , 869 P…
discussed
Cited "see, e.g."
Doe v. Weld
See United States v. Campusano, 947 F.2d 1, 5 (1st Cir.1991) (holding that “the prosecution is only obligated to advise defendants of the direct consequences of a guilty plea”); Cameron v. Walsh, 1996 WL 461502 , *3-*4 (D.Mass.1996) (finding commitment under Massachusetts’s Sexually Dangerous Persons Act is a “collateral, contingent consequence” and that failure to inform defendant did not make plea constitutionally infirm); see also Cuthrell v. Director, Patuxent Inst., 475 F.2d 1364, 1366 (4th Cir.1973) (rejecting contention that the failure to inform a juvenile delinquent that his…
discussed
Cited "see, e.g."
United States v. Gabriel Gabriel and Badie Abdulahad
We have held that “offerpng] an opportunity to commit a crime, coupled with what can at most be described as mild inducement, does not support a claim of entrapment.” United States v. Thoma, 726 F.2d 1191,1198 (7th Cir.) (citing United States v. Townsend, 555 F.2d 152, 155 (7th Cir.), cert. denied, 434 U.S. 897 , 98 S.Ct. 277 , 54 L.Ed.2d 184 (1977)), cert. denied, 467 U.S. 1228 , 104 S.Ct. 2683 , 81 L.Ed.2d 878 (1984); see also United States v. Perry, 478 F.2d 1276, 1278 (7th Cir.) (“Mere solicitation is not enough to show entrapment.”), cer t. denied, 414 U.S. 1005 , 94 S.Ct. 363 , 3…
cited
Cited "see, e.g."
United States v. Vincent Howze
See, e.g., Cuthrell v. Director, Patuxent Institute, 475 F.2d 1364 (4th Cir.), cert. denied, 414 U.S. 1005 , 94 S.Ct. 362 , 38 L.Ed.2d 241 (1973).
Holtzinger
v.
Estelle, Corrections Director
v.
Estelle, Corrections Director
No. 73-5013.
Supreme Court of the United States.
Nov 5, 1973.
Published
C. A. 5th Cir. Certiorari denied.