Joseph George, Jr. v. Charles Black, Warden, Nebraska State Penitentiary, 732 F.2d 108 (8th Cir. 1984). · Go Syfert
Joseph George, Jr. v. Charles Black, Warden, Nebraska State Penitentiary, 732 F.2d 108 (8th Cir. 1984). Cases Citing This Book View Copy Cite
78 citation events (40 in the last 25 years) across 27 distinct courts.
Strongest positive: Morrison v. Lewis (moed, 2021-02-08)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 45 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Morrison v. Lewis
E.D. Mo. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is not necessary to inform the defendant of all the indirect or collateral consequences.
cited Cited as authority (rule) Joshi v. United States
E.D. Mo. · 2023 · confidence medium
George v. Black, 732 F.2d 108, 110 (8th Cir. 1984) (holding that civil commitment is not a direct consequence of a guilty plea).
discussed Cited as authority (rule) State v. Norris
Ohio Ct. App. · 2022 · confidence medium
Champaign No. 2020-CA-34, 2021-Ohio-2536, 11 , quoting George v. Black, 732 F.2d 108, 110 (8th Cir.1984), quoting Cuthrell v. Director, Patuxent Inst., 475 F.2d 1364, 1366 (4th Cir.1973) (a direct consequence of a guilty plea is one that is definite, immediate, and largely automatic).
discussed Cited as authority (rule) State v. Poppel
Ohio Ct. App. · 2021 · confidence medium
George v. Black, 732 F.2d 108, 110 (8th Cir.1984), quoting Cuthrell v. Director, Patuxent Inst., 475 F.2d 1364, 1366 (4th Cir.1973); U.S. v. Jordan, 870 F.2d 1310, 1317 (7th Cir.1989), quoting U.S. v. Long, 852 F.2d 975, 979 (7th Cir.1988), and citing U.S. v. Suter, 755 F.2d 523, 525 (7th Cir.1985); see also Suter at 525 , citing George at 110 ; State v. Radovanic, 10th Dist.
discussed Cited as authority (rule) United States v. Conrad Dickson
8th Cir. · 2017 · confidence medium
See United States v. Camacho-Bordes, 94 F.3d 1168, 1173 (8th Cir. 1996) (reviewing de novo district court’s legal conclusions in denying coram nobis relief); see also Chaidez v. United States, 568 U.S. 342 , 133 S.Ct. 1103 , 1108 & n.5, 185 L.Ed.2d 149 (2013) (discussing the contours of the Sixth Amendment right to counsel and labeling sex-offender registration as one of the “collateral consequences” of a conviction); George v. Black, 732 F.2d 108, 110 (8th Cir. 1984) (determining that accused need only be informed of direct consequencés of guilty plea); Azzone v. United States, 341 F.2…
discussed Cited as authority (rule) Kim v. Director, Virginia Department of Corrections
E.D. Va. · 2015 · confidence medium
See also Steele v. Murphy, 365 F.3d 14, 17 (1st Cir.2004) ("We believe that the possibility of commitment for life as a sexually dangerous person is a collateral consequence of pleading guilty.”); George v. Black, 732 F.2d 108, 111 (8th Cir.1984) (finding that possibility of civil commitment was a collateral consequence because "civil commitment does not flow automatically from the plea”); Cuthrell v. Dir., Patuxent Inst., 475 F.2d 1364, 1366 (4th Cir.1973) ("[T]he fact that the acceptance of the petitioner's plea of guilty ... placed him in a class, where he might, as a result of the judg…
discussed Cited as authority (rule) Michael Anderson, Applicant-Appellant v. State of Iowa
Iowa Ct. App. · 2015 · confidence medium
See Steele v. Murphy, 365 F.3d 14, 17 (1st Cir. 2004) (“We believe that the possibility of commitment for life as a sexually dangerous person is a collateral consequence of pleading guilty.”); George v. Black, 732 F.2d 108, 111 (8th Cir. 1984) (holding civil commitment for sexually violent offense did not automatically flow from guilty plea); Bussell v. State, 963 P.2d 1250, 1253 (Kan.
discussed Cited as authority (rule) State v. Trotter
Utah · 2014 · confidence medium
Cirewt Court, 223 F.3d 454, 457 (7th Cir.2000); see also United States v. Suter, 755 F.2d 523, 525 (7th Cir.1985) ("A defendant is entitled to be informed of the direct, not all the collateral, consequences of his plea."); George v. Black, 732 F.2d 108, 110 (8th Cir.1984) accused need only be informed of the 'direct consequences' of the guilty plea.
discussed Cited as authority (rule) State v. Outka
S.D. · 2014 · confidence medium
“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.” Id. (quoting George v. Black, 732 F.2d 108, 110 (8th Cir.1984)).
discussed Cited as authority (rule) United States v. Youngs
2d Cir. · 2012 · confidence medium
Steele v. Murphy, 365 F.3d 14, 17 (1st Cir.2004) (holding that potential civil commitment under a state statute was a “collateral consequence of pleading guilty”); George v. Black, 732 F.2d 108, 110-11 (8th Cir.1984) (holding that the possibility that a sex offender could face civil commitment under a state statute was a collateral consequence because “civil commitment does not flow automatically from the plea”).
examined Cited as authority (rule) Appleby v. WARDEN, NORTHERN REGIONAL JAIL (4×) also: Cited "see"
4th Cir. · 2010 · confidence medium
See Cuthrell, 475 F.2d at 1366 ; see also Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir.2005); Steele v. Murphy, 365 F.3d 14, 17 (1st Cir.2004); United States v. Littlejohn, 224 F.3d 960, 965 (9th Cir.2000); King v. Dutton, 17 F.3d 151, 152 (6th Cir.1994); United States v. Salmon, 944 F.2d 1106, 1130 (3d Cir.1991); George v. Black, 732 F.2d 108, 110 (8th Cir.1984); United States v. Sambro, 454 F.2d 918, 922 (D.C.Cir.1971) (en banc) ("We presume that the Supreme Court meant what it said when it used the word `direct'; by doing so, it excluded collateral consequences.").
discussed Cited as authority (rule) Magyar v. State (2×)
Miss. · 2009 · confidence medium
In my view, "[t]he 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." George v. Black, 732 F.2d 108, 110 (8th Cir.1984) (quoting Cuthrell v. Director, 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 as authority (rule) Virsnieks, Albert M. v. Smith, Judy P. (2×)
7th Cir. · 2008 · confidence medium
Thus, although a defen- dant must be informed of the direct consequences flowing from a plea, he need not be informed of collateral conse- quences.10 Warren v. Richland County Circuit Court, 223 F.3d 454, 457 (7th Cir. 2000).11 10 We have defined direct consequences as the “immediate, and automatic consequences of the guilty plea.” United States v. Jordan, 870 F.2d 1310, 1317 (7th Cir. 1989) (internal quotation marks and citation omitted); see also Little v. Crawford, 449 F.3d 1075, 1080 (9th Cir. 2006); Wilson v. McGinnis, 413 F.3d 196, 199 (2d Cir. 2005); Steele v. Murphy, 365 F.3d 14, 1…
discussed Cited as authority (rule) Virsnieks v. Smith (2×)
7th Cir. · 2008 · confidence medium
See, e.g., Steele, 365 F.3d at 16-17 (holding that “the possibility of commitment for life as a sexually dangerous person is a collateral consequence of pleading guilty”); Warren, 223 F.3d at 456 (holding that the failure of a state court to inform a defendant prior to his Alford plea of the possibility that his probation could be revoked if he did not admit during counseling sessions that he had committed a sexual offense is a collateral consequence); George v. Black, 732 F.2d 108, 110 (8th Cir.1984) (holding that the possibility of confinement pursuant to civil commitment proceedings aft…
cited Cited as authority (rule) Ramsey v. State
Mo. Ct. App. · 2005 · confidence medium
W.D.1999) (quoting George v. Black, 732 F.2d 108, 110 (8th Cir.1984)) (emphasis added).
discussed Cited as authority (rule) Zhang v. United States (2×)
E.D.N.Y · 2005 · confidence medium
The distinction between the direct and collateral consequence of a plea “turns on whether the result represents a definite, immediate and largely automatic effect on the range of the defendant’s punishment.” Id. at 916 (quoting George v. Black, 732 F.2d 108, 110 (8th Cir.1984)).
discussed Cited as authority (rule) Weston v. State
Mo. Ct. App. · 1999 · confidence medium
The Huffman court derived this test from the Eighth Circuit case, George v. Black, which noted that "The 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 punishment.” 732 F.2d 108, 110 (8 th Cir.1984) (quoting, Cuthrell v. Director, Patuxent Institution, 475 F.2d 1364, 1366 (4 th Cir.1973); United States v. Lambros, 544 F.2d 962, 966 (8 th Cir.1976)).
discussed Cited as authority (rule) State v. Timperley
S.D. · 1999 · confidence medium
“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.” George v. Black, 732 F.2d 108, 110 (8th Cir.1984) (quoting Cuthrell v. Director, Patuxent Institution, 475 F.2d 1364, 1366 (4th Cir.1973)).
discussed Cited as authority (rule) Yoswick v. State
Md. · 1997 · confidence medium
Parker v. United States, 495 U.S. 958 , 110 S.Ct. 2564 , 109 L.Ed.2d 747 (1990); Torrey v. Estelle, 842 F.2d 234, 235-36 (9th Cir.1988); George v. Black, 732 F.2d 108, 110 (8th Cir.1984); Cuthrell, 475 F.2d at 1365-66 ; State v. Ross, 129 Wash.2d 279 , 916 P.2d 405, 409 (1996); People v. Ford, 86 N.Y.2d 397 , 633 N.Y.S.2d 270, 272-74 , 657 N.E.2d 265, 267-68 (1995); Com. v. Duffey, 536 Pa. 436, 440-42 , 639 A.2d 1174, 1176 , cert. denied, 513 U.S. 884 , 115 S.Ct. 223 , 130 L.Ed.2d 149 (1994); Alpizar v. United States, 595 A.2d 991, 994 (D.C.1991); Mott v. State, 407 N.W.2d 581, 582-83 (Iowa 19…
discussed Cited as authority (rule) Stoltz v. State
Ind. Ct. App. · 1995 · confidence medium
In determining that Defendant's state prison sentence was actually a collateral consequence of his plea and, therefore, not violative of Defendant's right to due process, the 9th Circuit found: The distinction between a direct and collateral consequence of a plea " 'turns on whether the result represents a definite, immediate and largely automatic effect on the range of the defendant's punishment. " George v. Black, 732 F.2d 108, 110 (8th Cir.1984) (quoting Cuthrell v. Director Patuxent Institution, 475 F.2d 1364, 1366 (4th Cir.), cert. denied, 414 U.S. 1005 , 94 S.Ct. 362 , 38 L.Ed.2d 241 (19…
discussed Cited as authority (rule) Terry Lynn King v. Michael Dutton, Warden
6th Cir. · 1994 · confidence medium
See also Brownlie, 915 F.2d at 528 (definite, immediate, and automatic result is direct consequence); Jordan, 870 F.2d at 1317 (same); George v. Black, 732 F.2d 108, 110 (8th Cir.1984) (same); Cuthrell v. Director, Patuxent Institution, 475 F.2d 1364, 1366 (4th Cir.) (same), cert. denied, 414 U.S. 1005 , 94 S.Ct. 362 , 38 L.Ed.2d 241 (1973).
discussed Cited as authority (rule) City of Ottawa v. Lester
Kan. Ct. App. · 1991 · confidence medium
See, e.g., United States v. United States Currency, the amount of $228,536.00, 895 F.2d 908, 914-15 (2d Cir.) (civil forfeiture), cert. denied 495 U.S. 958 .(1990); United States v. Bouthot, 878 F.2d 1506, 1511 (1st Cir. 1989) (state plea, possible exposure to federal prosecution; Holmes v. United States, 876 F.2d 1545, 1549 (11th Cir. 1989) (ineligibility for parole); United States v. Woods, 870 F.2d 285, 288 (5th Cir. 1989) (possible sentence enhancement following a subsequent conviction); United States v. Jordan, 870 F.2d 1310, 1317 (7th Cir.) (possible exposure to federal prosecution), cer…
discussed Cited as authority (rule) State v. Hasnan (2×) also: Cited "see, e.g."
Mo. Ct. App. · 1991 · confidence medium
In rejecting the appellant’s request for relief, the trial court stated that “the Court [is not] obligated to tell any defendant of every possible legal consequence to a plea of guilty.” Indeed, the court’s rationale is a colloquial form of the general rule that requires “the court to inform the defendant of the ‘direct’ consequences of his plea; [but not] the ‘collateral’ consequences of his plea.” Huffman v. State, 703 S.W.2d 566, 568 (Mo.App. 1986); see also McIntosh v. State, 627 S.W.2d 652, 655 (Mo.App.1981) (“[no] Missouri law or precedent... requires that the defen…
examined Cited as authority (rule) State v. Wika (4×) also: Cited "see"
S.D. · 1991 · confidence medium
"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." George v. Black, 732 F.2d 108, 110 (8th Cir.1984) (quoting Cuthrell v. Director, Patuxent Institution, 475 F.2d 1364, 1366 (4th Cir.1973)).
cited Cited as authority (rule) Sherbo v. Manson
Conn. App. Ct. · 1990 · confidence medium
Ed. 2d 21 (1973)”; George v. Black, 732 F.2d 108, 110 (8th Cir. 1984); United States v. Lambros, 544 F.2d 962, 966 (8th Cir. 1976), cert. denied, 430 U.S. 930 , 97 S. Ct. 1550 , 51 L.
discussed Cited as authority (rule) United States v. United States Currency in the Amount of $228,536.00, Appeal of Edward A. Parker, Claimant-Appellant (2×)
2d Cir. · 1990 · confidence medium
Other collateral consequences include parole eligibility or revocation, see, e.g., Holmes v. United States, 876 F.2d 1545, 1549 (11th Cir.1989); Brown v. Perini, 718 F.2d 784, 788 (6th Cir.1983); Sanchez v. United States, 572 F.2d 210, 211 (9th Cir.1977); the likelihood of an undesirable military discharge, Redwine v. Zuckert, 317 F.2d 336, 338 (D.C.Cir.1963); and the potential for civil commitment proceedings, George v. Black, 732 F.2d 108, 111 (8th Cir.1984).
examined Cited as authority (rule) Joseph Torrey v. Wayne Estelle (3×)
9th Cir. · 1988 · confidence medium
The issue is whether appellant's return to state court and resentencing to state prison were a direct consequence of his plea requiring prior advice thereof by the court. 16 The distinction between a direct and collateral consequence of a plea " 'turns on whether the result represents a definite, immediate and largely automatic effect on the range of the defendant's punishment.' " George v. Black, 732 F.2d 108, 110 (8th Cir.1984) (quoting Cuthrell v. Director, Patuxent Institution, 475 F.2d 1364, 1366 (4th Cir.), cert. denied, 414 U.S. 1005 , 94 S.Ct. 362 , 38 L.Ed.2d 241 (1973)).
discussed Cited as authority (rule) Heller v. United States
D. Me. · 1988 · confidence medium
E.g., United States v. Suter, 755 F.2d 523 (7th Cir.), cert. denied, 471 U.S. 1103 , 105 S.Ct. 2331 , 85 L.Ed.2d 848 (1985); United States v. Campbell, 778 F.2d 764, 766-67 (11th Cir.1985); George v. Black, 732 F.2d 108, 110 (8th Cir.1984); Brown v. Perini, 718 F.2d 784, 788 (6th Cir.1983); United States v. Russell, 686 F.2d 35, 38-39 (D.C.
discussed Cited as authority (rule) United States v. Gardiner
D. Me. · 1987 · confidence medium
E.g., United States v. Suter, 755 F.2d 523 (7th Cir.), cert. denied, 471 U.S. 1103 , 105 S.Ct. 2331 , 85 L.Ed.2d 848 (1985); United States v. Campbell, 778 F.2d 764, 766-67 (11th Cir.1985); George v. Black, 732 F.2d 108, 110 (8th Cir.1984); Hill v. Lockhart, 731 F.2d 568, 570 (8th Cir.1984); Brown v. Perini, 718 F.2d 784, 788 (6th Cir.1983); United States v. Russell, 686 F.2d 35, 38-39 (D.C.Cir.1982).
cited Cited as authority (rule) Reginald Country v. William Foster, Superintendent
8th Cir. · 1986 · confidence medium
George v. Black, 732 F.2d 108, 110 (8th Cir.1984).
discussed Cited as authority (rule) Munnelly v. United States Postal Service (2×) also: Cited "see"
8th Cir. · 1986 · confidence medium
George v. Black, 732 F.2d at 110 (civil mental health commitment); cf. Crofoot, 761 F.2d at 661 n. 1 (arguing that an Alford plea may in some circumstances warrant more severe collateral consequences than a nolo plea).
discussed Cited as authority (rule) John P. Munnelly v. United States Postal Service (2×) also: Cited "see"
8th Cir. · 1986 · confidence medium
George v. Black, 732 F.2d at 110 (civil mental health commitment); cf. Crofoot, 761 F.2d at 661 n. 1 (arguing that an Alford plea may in some circumstances warrant more severe collateral consequences than a nolo plea).
cited Cited as authority (rule) Huffman v. State
Mo. Ct. App. · 1986 · confidence medium
George v. Black, 732 F.2d 108, 110 (8th Cir.1984).
cited Cited as authority (rule) James Michael Davis v. Donald Wyrick
8th Cir. · 1985 · confidence medium
E.g., George v. Black, 732 F.2d 108, 111 (8th Cir.1984); Matthews v. Lockhart, 726 F.2d 394, 397 (8th Cir.1984).
discussed Cited as authority (rule) Alex M. Crofoot v. United States Government Printing Office (2×)
Fed. Cir. · 1985 · confidence medium
See, e.g., Qureshi v. Immigration and Naturalization Service, 519 F.2d 1174 (5th Cir.1975) (nolo conviction as basis for deportation of aliens); Sakoloff v. Saxbe, 501 F.2d 571 (2d Cir.1974) (nolo conviction as grounds for revocation of a physician's certificate of registration to distribute regulated drugs); George v. Black, 732 F.2d 108, 110 (8th Cir.1984) (nolo conviction as grounds for conducting a civil health commitment proceeding); Fed.R.Crim.P. 11(b) advisory committee note (1974) (nolo conviction as grounds for imposition of multiple offender statutes).
cited Cited as authority (rule) United States v. Richard W. Suter
7th Cir. · 1985 · confidence medium
George v. Black, 732 F.2d 108, 110 (8th Cir.1984).
discussed Cited "see" Kevin Stanbridge v. Gregory Scott
7th Cir. · 2015 · signal: see · confidence high
See George v. Black, 732 F.2d 108, 110 (8th Cir.1984) (holding that the possibility of confinement pursuant to civil commitment proceedings after the expiration of a criminal sentence is a collateral consequence); cf. Chaidez v. United States, — U.S. -, 133 S.Ct. 1103 , 1108 n. 5, 185 L.Ed.2d 149 (2013) (“[E]ffects of a conviction commonly viewed as collateral include civil commitment”).
discussed Cited "see" United States v. Lewis
8th Cir. · 2008 · signal: see · confidence high
See George v. Black, 732 F.2d 108, 110 (8th Cir.1984) (defendant need only be informed of direct consequences of guilty plea, described as having a “ ‘definite, immediate and largely automatic effect on the range of the defendant’s punishment’ ”), quoting Cuthrell v. Dir., Patuxent Inst., 475 F.2d 1364, 1366 (4th Cir.1973).
discussed Cited "see" United States v. Arron Lewis
8th Cir. · 2008 · signal: see · confidence high
See George v. Black, 732 F.2d 108, 110 (8th Cir. 1984) (defendant need only be informed of direct consequences of guilty plea, described as having a "'definite, immediate and largely automatic effect on the range of the defendant's punishment'"), quoting Cuthrell v. Dir., Patuxent Inst., 475 F.2d 1364, 1366 (4th Cir. 1973).
discussed Cited "see" Steele v. Murphy (2×) also: Cited "see, e.g."
1st Cir. · 2004 · signal: see · confidence high
See George, 732 F.2d at 110-11 (stating that while commitment proceedings are mandatory, commitment is not); Cuthrell, 475 F.2d at 1366 (holding that commitment is a collateral consequence of a plea when commitment does not depend directly on the defendant’s plea but on a subsequent, independent civil trial).
cited Cited "see" In Re the Care & Treatment of Hay
Kan. · 1998 · signal: see · confidence high
See George v. Black, 732 F.2d 108, 110-11 (8th Cir. 1984).
cited Cited "see" In re the Care & Treatment of Hendricks
Kan. · 1996 · signal: see · confidence high
See George v. Black, 732 F.2d 108, 110-11 (8th Cir. 1984).
discussed Cited "see, e.g." Jones v. Whitmire
D. Neb. · 2022 · signal: see also · confidence medium
See Stanbridge v. Scott, 791 F.3d 715 , 720–21 (7th Cir. 2015) (holding that civilly committed sex offender was no longer in custody on his prior conviction for criminal sexual abuse because the restraint of his civil commitment was not a direct consequence of his criminal conviction but rather only a collateral consequence); see also George v. Black, 732 F.2d 108, 110 (8th Cir. 1984) (holding that the possibility of confinement pursuant to civil commitment proceedings after the expiration of a criminal sentence is a collateral consequence).
discussed Cited "see, e.g." State v. Rasheed (2×)
Mo. Ct. App. · 2011 · signal: see also · confidence medium
E.D.2010) (citation omitted); see also George v. Black, 732 F.2d 108, 110 (8th Cir.1984).
discussed Cited "see, e.g." Watrous v. State
Fla. Dist. Ct. App. · 2001 · signal: see, e.g. · confidence low
See, e.g., George v. Black, 732 F.2d 108 (8th Cir. 1984); Martin v. Reinstein, 195 Ariz. 293 , 987 P.2d 779 (App.1999); People v. Moore, 69 Cal.App.4th 626 , 81 Cal.Rptr.2d 658 (1999); In re Care & Treatment of Hay, 263 Kan. 822 , 953 P.2d 666 (1998); In re Detention of Campbell, 139 Wash.2d 341 , 986 P.2d 771 (1999); State v. Zanelli, 212 Wis.2d 358 , 569 N.W.2d 301 (App.1997).
Retrieving the full opinion text from the archive…
Joseph GEORGE, Jr., Appellant,
v.
Charles BLACK, Warden, Nebraska State Penitentiary, Appellee
83-1783.
Court of Appeals for the Eighth Circuit.
Apr 16, 1984.
732 F.2d 108
Paul L. Douglas, Atty. Gen., Dale D. Brodkey, Asst. Atty. Gen., Lincoln, Neb., for appellee., Susan Jacobs, Healy, Brown, Wieland, Kluender, Atwood & Jacobs, Lincoln, Neb., for appellant.
Ross, Arnold, Fagg.
Cited by 56 opinions  |  Published
ROSS, Circuit Judge.

The issue in this habeas corpus action is whether Joseph George, Jr.’s plea of nolo contendere to attempted sexual assault was entered voluntarily. The questions on appeal are: 1) whether a state trial court’s failure to inform a defendant in a criminal trial that he would be subjected to a mental health commitment hearing upon completion of his sentence rendered a plea of nolo contendere involuntary, and 2) whether civil commitment following incarceration is a direct consequence of the defendant’s plea.

Joseph George, Jr. is incarcerated in the Nebraska State Penitentiary. George was indicted and tried in Lancaster County District Court on the charge of first degree sexual assault. A jury found him guilty and the court sentenced him to a term of not less than 14 years nor more than 20 years, to run consecutive to a prior term being served. That conviction was reversed and the case remanded for a new trial following a successful appeal to the Nebraska Supreme Court. State v. George, 210 Neb. 786, 317 N.W.2d 76 (1982). George returned to state district court for arraignment on an amended charge of attempted sexual assault. As the result of a plea agreement, he entered a plea of nolo contendere to the new charge. The Honorable Donald Endacott heard and accepted the plea and found George guilty of attempted sexual assault. After a presentence investigation, Judge Endacott determined that George was an unbeatable mentally-disordered sex offender and sentenced him to a term of 18 years in the state penitentiary.

George appealed the sentence to the Nebraska Supreme Court; the court affirmed.[*110] State v. George, No. 82-479, 212 Neb xxxii (1982) (affirmed without opinion). Having exhausted his state court remedies, George filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in United States District Court on February 2, 1983. On May 6, 1983, Chief Judge Urbom dismissed the application. George appeals to this court, claiming that the district court erred in finding that George’s nolo contendere plea was entered voluntarily and intelligently. George also claims that his trial counsel rendered ineffective assistance.

DISCUSSION:

George argues that his plea of nolo contendere was not made knowingly, voluntarily or intelligently because the trial judge failed to inform him that he would be subjected to a civil mental health commitment hearing upon the completion of his sentence.

A plea of guilty or no contest must be entered voluntarily and intelligently, since the accused waives a number of constitutional rights by doing so. In Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970), the Court instructed that relinquishments of constitutional rights must be “done with sufficient awareness of the relevant circumstances and the likely consequences.” Id. at 748, 90 S.Ct. at 1469, 25 L.Ed.2d 747. However, the accused need only be informed of the “direct consequences” of the guilty plea. Id. at 755, 90 S.Ct. at 1472, 25 L.Ed.2d 747. It is not necessary to attempt to inform the defendant of all the indirect or collateral consequences. United States v. Lambros, 544 F.2d 962, 966 (8th Cir.1976), cert. denied, 430 U.S. 930, 97 S.Ct. 1550, 51 L.Ed.2d 774 (1977). “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.Ed.2d 241 (1973); United States v. Lambros, supra, 544 F.2d at 966.

In the instant case, George was charged with attempted sexual assault on a child: a Class III felony. The trial judge informed him of all the direct consequences of his plea. The prosecutor explained the charges as well as the possible sentence and fine. The judge explained to George in detail that he would be waiving a number of constitutional rights; George stated that he understood the nature of the rights he was waiving. The court established a factual basis for the plea and determined that George entered the plea and waived his rights “freely, voluntarily, intelligently, knowingly, and with knowledge and understanding of the consequences.” The court then accepted the nolo contendere plea. The judge did not, however, inform George that under NEB.REV.STAT. § 29-2920 (Reissue 1979), he would be subjected to a mental health commitment proceeding after his release from the penitentiary.

George argues that as a result of the commitment hearing, his incarceration for the crime to which he pled no contest could be extended beyond the sentence announced by the court. The question, then, is whether actual commitment to an institution is a direct consequence of the nolo contendere plea. Turning to the the test set out in Cuthrell, supra, the answer is affirmative if commitment to an institution would result definitely, immediately, and automatically from appellant’s plea.

The district court [1] found that such commitment would be a collateral consequence:

Given the Lambros test and the above examples, I believe that the mandatory mental health commitment proceedings which the petitioner faces under § 29-2920 are collateral consequences of the plea. It is true that § 29-2920 requires[*111] the prosecuting county attorney to cause commitment proceedings to commence when a mentally disordered sex offender is released from prison. However, while the proceedings are mandatory, commitment is not. The commitment proceedings are completely distinct from the original criminal proceedings and are conducted by a different tribunal. The defendant is guaranteed his constitutional rights to a hearing, notice of the hearing, appointed counsel, discovery, an opportunity to testify and present evidence on his own behalf, compulsory process for obtaining favorable witnesses, and cross-examination. §§ 83-1048 to 83-1058, R.R.S. Neb. (Reissue 1981). Unlike a criminal conviction, which requires only proof beyond a reasonable doubt, the mental health board must determine that there is clear and convincing proof that the defendant is a mentally ill and dangerous person. § 83-1035. Finally, the board need not commit the defendant if less drastic remedies are available. In short, commitment under these proceedings is not definite, automatic, or immediate, especially when it is compared to a mandatory special parole term. The latter is mandatory and must be included in the sentence imposed by the trial judge; the former may be imposed by an entirely different body at a different time after a different set of proceedings with a different burden of proof. Cf. Hutchison v. United States, 450 F.2d 930, 931 (C.A. 10th Cir.1971) (where inmate received two-year sentence for escaping from prison, he could not withdraw his guilty plea because he had not been told that he could lose good time via separately conducted in-prison proceedings).

We agree with the district court’s conclusion that the state statutory scheme does not produce the automatic consequences necessary under Lambros, supra. Furthermore, both Cuthrell and Lambros require that to be considered direct, the consequences of the plea must involve some effect on the range of the defendant’s punishment. We need not reach this issue because we conclude that civil commitment does not flow automatically from the plea.

George also argues that his trial counsel failed to render effective assistance. He has not raised this issue in the state courts, nor did he present it to the district court. Consequently, we will not consider it for the first time on appeal. See United States v. King, 616 F.2d 1034, 1042 (8th Cir.), cert. denied, 446 U.S. 969, 100 S.Ct. 2950, 64 L.Ed.2d 829 (1980); Kapp v. Naturelle, Inc., 611 F.2d 703, 709 (8th Cir.1979); American General Finance Corp. v. Parkway Bank, 520 F.2d 607, 608 (8th Cir.1975); United States ex rel. Huisinga v. Commanding Officer, Armed Forces Examining and Entrance Station, 446 F.2d 124, 125 (8th Cir.1971).

Accordingly, we affirm the district court’s denial of the great writ.

1

. The Honorable Warren K. Urbom, Chief Judge, United States District Court for the District of Nebraska.