Theodore Willbright v. Harold J. Smith, Superintendent, Attica Corr. Facility, Respondent, 745 F.2d 779 (2d Cir. 1984). · Go Syfert
Theodore Willbright v. Harold J. Smith, Superintendent, Attica Corr. Facility, Respondent, 745 F.2d 779 (2d Cir. 1984). Cases Citing This Book View Copy Cite
“ue process does not mandate a factual basis inquiry by state courts.”
57 citation events (25 in the last 25 years) across 14 distinct courts.
Strongest positive: Berget v. Ward (ca10, 1999-08-05)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 33 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Berget v. Ward
10th Cir. · 1999 · quote attribution · 1 verbatim quote · confidence high
ue process does not mandate a factual basis inquiry by state courts.
discussed Cited as authority (rule) Wilson v. Corey
W.D.N.Y. · 2025 · confidence medium
It is well settled that “the United States Constitution does not require a factual inquiry before a court may accept a defendant’s guilty plea.” Hill v. West, 599 F. Supp. 2d 371, 388 (W.D.N.Y. 2009) (citing Willbright v. Smith, 745 F.2d 779, 780 (2d Cir. 1984) (“[D]ue process does not mandate a factual basis inquiry by state courts. . . .” (citing McCarthy v. United States, 394 U.S. 459, 465 (1969))).
cited Cited as authority (rule) Morris v. Bennett
E.D.N.Y · 2024 · confidence medium
Instead, the touchstone for constitutional due process is whether a plea is knowing, voluntary, and intelligent under “all the circumstances.” Willbright v. Smith, 745 F.2d 779, 780 (2d Cir. 1984).
cited Cited as authority (rule) Henderson v. Mulligan
D. Conn. · 2023 · confidence medium
Willbright v. Smith, 745 F.2d 779, 780 (2d Cir. 1984) (per curiam) (citing Brady v. United States, 397 U.S. 742, 749 (1970)).
discussed Cited as authority (rule) Sabo v. Noeth (2×)
W.D.N.Y. · 2021 · confidence medium
In Willbright v. Smith, 745 F.2d 779, 780 (2d Cir. 1984), the Second Circuit reiterated that “due process does not mandate a factual basis inquiry by state courts” but also noted that certain circumstances, such as inconsistent responses to questions, may indicate that a factual basis inquiry is necessary to assure due process.
discussed Cited as authority (rule) Oleson v. Young (2×)
S.D. · 2015 · confidence medium
Such a determination is made “by considering all of the relevant circumstances.” Willbright v. Smith, 745 F.2d 779, 780 (2d Cir. 1984) (per curiam) (citing Brady v. United States, 397 U.S. 742, 749 , 90 S. Ct. 1463, 1469 , 25 L.
discussed Cited as authority (rule) Oleson v. Young
S.D. · 2015 · confidence medium
Such a determination is made “by considering all of the relevant circumstances.” Willbright v. Smith, 745 F.2d 779, 780 (2d Cir. 1984) (per curiam) (citing Brady v. United States, 397 U.S. 742, 749 , 90 S. Ct. 1463, 1469 , 25 L.
cited Cited as authority (rule) Brown v. United States
S.D.N.Y. · 2009 · confidence medium
Smith, 745 F.2d 779, 780-81 (2d Cir. 1984). 8 .
discussed Cited as authority (rule) Hill v. West
W.D.N.Y. · 2009 · confidence medium
Willbright v. Smith, 745 F.2d 779, 780 (2d Cir.1984) (“[D]ue process does not mandate a factual basis inquiry by state courts ....”) (citing, inter alia, McCarthy v. United States, 394 U.S. 459, 465 , 89 S.Ct. 1166 , 22 L.Ed.2d 418 (1969)); accord Torres v. McGrath, 407 F.Supp.2d at 559 .
discussed Cited as authority (rule) Paul Hanson v. Francis Phillips, II
2d Cir. · 2006 · confidence medium
Willbright v. Smith, 745 F.2d 779, 780 (2d Cir.1984) (per curiam) (citing Brady, 397 U.S. at 749 , 90 S.Ct. 1463 ). *799 Viewing the record as a whole, we find that it fails to affirmatively disclose that Hanson entered his plea intelligently and voluntarily.
discussed Cited as authority (rule) Torres v. McGrath
S.D.N.Y. · 2006 · confidence medium
Indeed, the Second Circuit has squarely held that “due process does not mandate a factual basis inquiry by state courts,” noting that it is Rule 11 of the Federal Rules of Criminal Procedure, “not due process, that requires federal courts to conduct a factual inquiry before accepting a guilty plea.” Willbright v. Smith, 745 F.2d 779, 780 (2d Cir.1984) (citing cases, including McCarthy v. United States, 394 U.S. 459, 465 , 89 S.Ct. 1166 , 22 L.Ed.2d 418 (1969)); accord Ames v. New York State Div. of Parole, 772 F.2d 13, 15 (2d Cir.1985) (“The State court’s [guilty plea] inquiry did …
discussed Cited as authority (rule) Thomas Dallio v. Eliot L. Spitzer, New York State Attorney General, Michael McGinnis Superintendent, Southport Correctional Facility (2×)
2d Cir. · 2003 · confidence medium
See, e.g., Schneckloth v. Bustamonte, 412 U.S. 218, 232-33 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973) (holding that person’s knowledge of his right to refuse a consent to search is a factor, but not "a necessary prerequisite to demonstrating a 'voluntary' consent”); Willbright v. Smith, 745 F.2d 779, 780 (2d Cir.1984) (holding that factual basis inquiry is "one way of satisfying the constitutional requirement that a [guilty] plea be voluntary and intelligent,” but it is "not mandate[d]” by due process); see also United States v. Medina, 944 F.2d 60, 68 (2d Cir.1991) (citing six factors de…
discussed Cited as authority (rule) State ex rel. Farmer v. Trent
W. Va. · 2001 · confidence medium
See also Meyers v. Gillis, 93 F.3d 1147, 1151 (3d Cir.1996) ("Put simply, the Due Process Clause of the Fourteenth Amendment to the United States Constitution does not require an on-the-record development of the factual basis supporting a guilty plea before entry of the plea ....”); Higgason v. Clark, 984 F.2d 203, 207-08 (7th Cir.1993) (indicating that Supreme Court precedent “does not imply that the factual-basis requirement of Fed.R.Crim.P. 11(0 and its state-law counterparts comes from the Constitution”); Rodriguez v. Ricketts, 777 F.2d 527, 528 (9th Cir.1985) ("We conclude that the …
discussed Cited as authority (rule) Metheny v. State (2×)
Md. · 2000 · confidence medium
Contra Berget v. Gibson, 188 F.3d 518 , 1999 WL 586986 , **5 (10th Cir.(Okla.) 1999)(unpublished disposition); Meyers v. Gillis, 93 F.3d 1147, 1151 (3d Cir.1996); United States v. Tunning, 69 F.3d 107, 111 (6th Cir.1995); Higgason v. Clark, 984 F.2d 203, 208 (7th Cir.1993); United States v. Newman, 912 F.2d 1119, 1123 (9th Cir.1990); White v. United States, 858 F.2d 416, 423 (8th Cir.1988); Smith v. McCotter, 786 F.2d 697, 702 (5th Cir. 1986); Willbright v. Smith, 745 F.2d 779, 780 (2d Cir.1984); Wallace v. Turner, 695 F.2d 545, 547 (11th Cir.1983); Edwards v. Garrison, 529 F.2d 1374, 1376 (4t…
discussed Cited as authority (rule) Tineo v. United States
S.D.N.Y. · 1996 · confidence medium
It is the technical requirements of Rule 11, “not due process, that require federal courts to conduct a factual inquiry before accepting a guilty plea.” Willbright v. Smith, 745 F.2d 779, 780 (2d Cir.1984).
discussed Cited as authority (rule) Philip Meyers v. Frank D. Gillis, Superintendent the Attorney General of the State of Pennsylvania the District Attorney of Bucks County (2×)
3rd Cir. · 1996 · confidence medium
There are no such special circumstances in this case.") (citations omitted); Willbright v. Smith, 745 F.2d 779, 780 (2d Cir.1984) ("The voluntariness of a plea of guilty ... should be determined by considering all of the relevant circumstances.
discussed Cited as authority (rule) Stephens v. Lacy (2×) also: Cited "see"
E.D.N.Y · 1996 · confidence medium
“It is settled law that a guilty plea accepted without an affirmative showing that it is intelligent and voluntary is a due process violation.” Willbright v. Smith, 745 F.2d 779, 780 (2d Cir.1984).
discussed Cited as authority (rule) Meachem v. Keane (2×)
S.D.N.Y. · 1995 · confidence medium
See also Godinez v. Moran, — U.S. -, - , 113 S.Ct. 2680, 2687 , 125 L.Ed.2d 321 (1993); Parke v. Raley, 506 U.S. 20 ,-, 113 S.Ct. 517, 523 , 121 L.Ed.2d 391 (1992), reh’g denied, — U.S. -, 113 S.Ct. 1068 , 122 L.Ed.2d 372 (1993); Willbright v. Smith, 745 F.2d 779, 780 (2d Cir.1984).
discussed Cited as authority (rule) State v. Wideman
Conn. App. Ct. · 1995 · confidence medium
The Paulsen court quoted approvingly from Willbright v. Smith, 745 F.2d 779, 780 (2d Cir. 1984), in which the court stated that “[t]he voluntariness of a plea of guilty . . . should be determined by considering all of the relevant circumstances.” We must consider all of the relevant circumstances to determine whether the defendant had a full understanding of the nature of the charge to which he was entering a plea.
cited Cited as authority (rule) Bello v. People of State of NY
W.D.N.Y. · 1995 · confidence medium
Willbright v. Smith, 745 F.2d 779, 781 (2d Cir.1984).
discussed Cited as authority (rule) State v. Velez
Conn. App. Ct. · 1993 · confidence medium
The Paulsen court quoted approvingly Willbright v. Smith, 745 F.2d 779, 780 (2d Cir. 1984), in which the court stated that “[t]he voluntariness of a plea of guilty . . . should be determined by considering all of the relevant circumstances.” While the trial court’s scrupulous compliance with the provisions of Practice Book § 711 may be mandatory when challenged on direct appeal, that may not be the case when claimed under the Evans-Golding bypass doctrine, where the claim of noncompliance must be of constitutional magnitude.
discussed Cited as authority (rule) Magee v. Romano
E.D.N.Y · 1992 · confidence medium
Wilbright v. Smith, 745 F.2d 779, 781 (2d Cir.1984); see also Hill v. Lockhart, 474 U.S. 52, 58 , 106 S.Ct. 366, 370 , 88 L.Ed.2d 203 (1985) (applying Strickland test for ineffective assistance of counsel to challenge to guilty plea).
cited Cited as authority (rule) Otis Tate v. Frank W. Wood, Warden, and the Attorney General of the State of New York
2d Cir. · 1992 · confidence medium
See, e.g., Panuccio v. Kelly, 927 F.2d 106, 110-11 (2d Cir.1991); Willbright v. Smith, 745 F.2d 779, 780 (2d Cir.1984).
discussed Cited as authority (rule) Frank Panuccio v. Walter Kelly, Superintendent of Attica Correctional Facility Robert Abrams, Attorney General of the State of New York
2d Cir. · 1991 · confidence medium
Crim.P. 11, see Willbright v. Smith, 745 F.2d 779, 780 (2d Cir.1984) (per curiam), he claims that there were aggravating circumstances present that required the court to develop a factual basis before it could accept the plea.
discussed Cited as authority (rule) Wai Ho Tsang v. United States
S.D.N.Y. · 1990 · confidence medium
Moreover, it is the technical requirements of Rule 11, “not due process, that require federal courts to conduct a factual inquiry before accepting a guilty plea.” Willbright v. Smith, 745 F.2d 779, 780 (2d Cir.1984).
discussed Cited as authority (rule) Lacy v. People (2×)
Colo. · 1989 · confidence medium
See McCarthy v. United States, 394 U.S. 459, 465 , 89 S.Ct. 1166, 1170 , 22 L.Ed.2d 418 (1969) (procedure embodied in Rule 11 of the Federal Rules of Criminal Procedure, which directs court to determine that factual basis exists for guilty plea, has not been held to be constitutionally mandated); Smith v. McCotter, 786 F.2d 697, 702-03 (5th Cir.1986); Rodriguez v. Ricketts, 777 F.2d 527, 528 (9th Cir.1985); Willbright v. Smith, 745 F.2d 779, 780 (2d Cir.1984); Paulsen v. Manson, 203 Conn. 484 , 525 A.2d 1315, 1318 (1987); see also 2 W.
discussed Cited as authority (rule) Oppel v. Lopes
D. Conn. · 1987 · confidence medium
Normally, however, a state court is under no constitutionally imposed duty to engage in a factual basis inquiry for the plea “unless.... the state judge is put on notice that there may be some need for such an inquiry.” Banks v. McGougan, 717 F.2d 186, 188 (5th Cir.1983); Willbright v. Smith, 745 F.2d 779, 780 (2d Cir.1984); see Paulsen v. Manson, 203 Conn. 484, 490-91 , 525 A.2d 1315 (1987).
discussed Cited as authority (rule) Paulsen v. Manson
Conn. · 1987 · confidence medium
The Court of Appeals for the Fifth Circuit said in Hobbs v. Blackburn, 752 F.2d 1079, 1082 (5th Cir. 1985): “The state court is under no constitu tionally imposed duty to establish a factual basis for a guilty plea prior to its acceptance unless ‘the state judge is put on notice that there may be some need for such an inquiry . . . .’ Banks v. McGougan, 717 F.2d 186, 188 (5th Cir. 1983).” The Court of Appeals for the Second Circuit in Willbright v. Smith, 745 F.2d 779, 780 (2d Cir. 1984), maintained that “[t]he voluntariness of a plea of guilty . . . should be determined by consideri…
cited Cited as authority (rule) Douglas Ames v. New York State Division of Parole
2d Cir. · 1985 · confidence medium
Willbright v. Smith, 745 F.2d 779, 780 (2d Cir.1984) (per curiam).
discussed Cited "see" Johnson v. Gerbing (2×)
E.D.N.Y · 2023 · signal: see · confidence high
See Willbright v. Smith, 745 F.2d 779, 780 (2d Cir. 1984).
discussed Cited "see" Johnson v. Gerbing (2×)
E.D.N.Y · 2023 · signal: see · confidence high
See Willbright v. Smith, 745 F.2d 779, 780 (2d Cir. 1984).
discussed Cited "see" State v. Jacobson (2×)
S.D. · 1992 · signal: see · confidence high
See, Willbright v. Smith, 745 F.2d 779 (2d Cir.1984) (factual basis inquiry not mandated in order to sustain guilty plea where plea was entered voluntarily, in open court, with the assistance of counsel, and judge who accepted plea had himself conducted co-defendants' trials and, thus, had knowledge of the underlying facts).
discussed Cited "see" Smith v. Scully
S.D.N.Y. · 1984 · signal: see · confidence high
See Willbright v. Smith, 564 F.Supp. 396 , 399 remand 745 F.2d 779 (2nd Cir.1984); Fambo v. Smith, 433 F.Supp. at 594 ; Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969); Siegel v. State of New York, 691 F.2d 620 (2d Cir.1982), cert. denied, 459 U.S. 1209 , 103 S.Ct. 1201 , 75 *1270 L.Ed.2d 443 (1983).
Retrieving the full opinion text from the archive…
Theodore WILLBRIGHT, Petitioner-Appellant,
v.
Harold J. SMITH, Superintendent, Attica Correctional Facility, Respondent-Appellee
84, Docket 84-2074.
Court of Appeals for the Second Circuit.
Oct 4, 1984.
745 F.2d 779
Henry Putzel, III, John D. Boykin, New York City, for petitioner-appellant., Carl A. Vergari, Dist. Atty. of Westches-ter County, Maryanne Luciano, Gerald D. Reilly, Asst. Dist. Attys. of Westchester County, White Plains, N.Y., for respondent-appellee.
Kaufman, Meskill, Per Curiam, Pierce.
Cited by 43 opinions  |  Published
PER CURIAM:

Theodore Willbright appeals from a judgment entered on February 22, 1984, in the[*780] United States District Court for the Southern District of New York, Robert W. Sweet, Judge. In Willbright’s petition, he claimed that his plea of guilty in state court was invalid due to the judge’s failure to inquire into the factual basis for the plea. We affirm.

Background

An indictment was filed in the New York Supreme Court, Westchester County, in December, 1974, charging Willbright with murder in the second degree, kidnapping in the second degree, and possession of a weapon in the fourth degree. Subsequent to the conviction of two of his co-defendants, and pursuant to a plea agreement, Willbright proffered a plea of guilty to the murder and kidnapping counts which pleas were accepted and entered.

Following a long procedural history through the state courts, in 1979 Willbright sought federal habeas corpus relief based on two claims, ineffective assistance of counsel and defective plea allocution. Both claims were denied by the district court. On appeal, this court affirmed the denial of ineffective assistance of counsel, Will-bright v. Smith, 659 F.2d 1064 (2d Cir. 1981), but preserved Willbright’s right to raise the plea allocution issue in a new petition because it had been raised “in such a tangential manner in the district court.” Id. In September, 1981, Willbright filed the instant habeas corpus petition, alleging that his plea allocution in state court was invalid. Following a July 23, 1982 Report and Recommendation by Magistrate Ger-shon, to whom the petition had been referred, Judge Sweet dismissed the petition, and petitioner appeals therefrom. 564 F.Supp. 396.

Discussion

Appellant alleges that his guilty plea is constitutionally invalid because the state trial court judge failed to ask him to explain, in his own words, the factual basis for his plea. It is settled law that a guilty plea accepted without an affirmative showing that it is intelligent and voluntary is a due process violation. Boykin v. Alabama, 395 U.S. 238, 242, 89 S.Ct. 1709, 1711, 23 L.Ed.2d 274 (1969); Siegel v. New York, 691 F.2d 620, 624 (2d Cir.1982). A guilty plea must represent “a voluntary and intelligent choice among the alternative courses of action open to the defendant.” North Carolina v. Alford, 400 U.S. 25, 31, 91 S.Ct. 160, 164, 27 L.Ed.2d 162 (1970).

The voluntariness of a plea of guilty, however, should be determined by considering all of the relevant circumstances. Brady v. United States, 397 U.S. 742, 749, 90 S.Ct. 1463, 1469, 25 L.Ed.2d 747 (1970). A factual basis inquiry, such as that demanded by appellant, is merely one way of satisfying the constitutional requirement that a plea be voluntary and intelligent. Wade v. Coiner, 468 F.2d 1059, 1060 (4th Cir.1972). Moreover, due process does not mandate a factual basis inquiry by state courts. See, e.g., Roddy v. Black, 516 F.2d 1380, 1385 (6th Cir.), cert, denied, 423 U.S. 917, 96 S.Ct. 226, 46 L.Ed.2d 147 (1975); Wade v. Coiner, supra, 468 F.2d at 1060; see also Willet v. Georgia, 608 F.2d 538, 540 n. 1 (5th Cir. 1979); Fambo v. Smith, 433 F.Supp. 590, 593 n. 1 (W.D.N.Y.), affd, 565 F.2d 233 (2d Cir.1977). Further, it is Fed.R.Crim.P. 11, not due process, that requires federal courts to conduct a factual inquiry before accepting a guilty plea. McCarthy v. United States, 394 U.S. 459, 465, 89 S.Ct. 1166, 1170, 22 L.Ed.2d 418 (1969).

Unlike United States ex rel. Dunn v. Casscles, 494 F.2d 397 (2d Cir. 1974) in which defendant gave inconsistent responses to questions regarding commission of the crime charged, and Suggs v. La Vallee, 570 F.2d 1092 (2d Cir.), cert, denied, 439 U.S. 915, 99 S.Ct. 290, 58 L.Ed.2d 263 (1978), in which defendant was mentally incompetent at the time of giving his plea, the circumstances in the instant case indicate that a factual basis inquiry was not necessary to assure due process. First, appellant’s plea of guilty was entered in open court, Brady v. United States, supra, 397 U.S. at 754, 90 S.Ct. at 1472, and he[*781] denied that threats or promises other than the plea agreement were used to induce his plea. Second, appellant did not assert that he was not guilty until four years after he pleaded guilty, and only then, in a resen-tencing proceeding. Third, at the plea hearing, he consistently responded in the affirmative when asked whether he was offering his guilty plea voluntarily after discussion with his attorney and family. Fourth, the judge who accepted appellant’s plea had himself conducted the trials involving the three co-defendants. Thus, he had knowledge of the underlying facts. Finally, appellant’s plea resulted from the advice of counsel whose competence was upheld by both the state and federal courts. Clearly, a significant factor in determining whether a plea is intelligently and voluntarily entered is whether it was based on the advice of competent counsel. Siegel v. State of New York, supra, 691 F.2d at 626 n. 6.

Given these circumstances evidencing that due process was accorded to appellant, and the absence of aggravating factors such as those in Suggs and Dunn which warranted factual basis inquiries, the state trial judge’s failure to question appellant about the factual basis for his plea did not constitute a due process violation. “Rather than mandating a specific catechism in determining voluntariness and intelligence, due process requires only that the courts provide safeguards sufficient to insure the defendant what is reasonably due in the circumstances.” Siegel v. State of New York, supra, 691 F.2d at 626 n. 5 (quoting Santobello v. New York, 404 U.S. 257, 262, 92 S.Ct. 495, 499, 30 L.Ed.2d 427 (1971)). Since we believe this was accomplished by the state trial judge herein, we affirm the decision of the district court.