The State Of Oklahoma v. Env't Prot. Agency, 962 F.2d 996 (10th Cir. 1992). · Go Syfert
The State Of Oklahoma v. Env't Prot. Agency, 962 F.2d 996 (10th Cir. 1992). Cases Citing This Book View Copy Cite
303 citation events (292 in the last 25 years) across 16 distinct courts.
Strongest positive: Marrio Williams v. Secretary, Department of Corrections (flmd, 2026-01-22)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Marrio Williams v. Secretary, Department of Corrections
M.D. Fla. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
conclusory allegations of ineffective assistance are insufficient.
examined Cited as authority (verbatim quote) Jorge Perez-Diaz v. Secretary, Department of Corrections
M.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence high
a defendant who enters a plea of guilty waives all nonjurisdictional challenges to the constitutionality of the conviction, and only an attack on the voluntary and knowing nature of the plea can be sustained.
discussed Cited as authority (verbatim quote) Dukes v. United States
M.D. Fla. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
conclusory allegations of ineffective assistance are insufficient.
examined Cited as authority (verbatim quote) Brown v. Secretary, Department of Corrections
M.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence high
a defendant who enters a plea of guilty waives all non-jurisdictional challenges to the constitutionality of the conviction, and only an attack on the voluntary and knowing nature of the plea can be sustained.
discussed Cited as authority (verbatim quote) Johnson v. United States
S.D. Fla. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
a defendant who enters a plea of guilty waives all nonjurisdictional challenges to the constitutionality of the conviction" and thus may attack only "the voluntary and knowing nature of the plea.
examined Cited as authority (verbatim quote) Williams v. United States (4×) also: Cited "see"
M.D. Fla. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
a defendant who enters a plea of guilty waives all non-jurisdictional challenges to the constitutionality of the conviction, and only an attack on the voluntary and knowing nature of the plea can be sustained.
examined Cited as authority (verbatim quote) Rodriguez v. United States (4×)
M.D. Fla. · 2024 · signal: see · quote attribution · 4 verbatim quotes · confidence high
a defendant who enters a plea of guilty waives all nonjurisdictional challenges to the constitutionality of the conviction, and only an attack on the voluntary and knowing nature of the plea can be sustained.
examined Cited as authority (verbatim quote) Alexander Parra Borja v. United States (2×) also: Cited "see"
M.D. Fla. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
a defendant who enters a plea of guilty waives all non-jurisdictional challenges to the constitutionality of the conviction, and only an attack on the voluntary and knowing nature of the plea can be sustained.
examined Cited as authority (verbatim quote) Ramos v. United States (5×) also: Cited "see"
M.D. Fla. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
a defendant who enters a plea of guilty waives all non-jurisdictional challenges to the constitutionality of the conviction, and only an attack on the voluntary and knowing nature of the plea can be sustained.
discussed Cited as authority (verbatim quote) Henderson v. Secretary, Department of Corrections (Pinellas County)
M.D. Fla. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
conclusory allegations of ineffective assistance are insufficient.
examined Cited as authority (verbatim quote) Tull v. Secretary, Department of Corrections
M.D. Fla. · 2024 · quote attribution · 1 verbatim quote · confidence high
a defendant who enters a plea of guilty waives all nonjurisdictional challenges to the constitutionality of the conviction, and only an attack on the voluntary and knowing nature of the plea can be sustained.
discussed Cited as authority (verbatim quote) Aquino v. Secretary, Department of Corrections (Sarasota County)
M.D. Fla. · 2024 · quote attribution · 1 verbatim quote · confidence high
conclusory allegations of ineffective assistance are insufficient.
examined Cited as authority (verbatim quote) Nelson v. United States
M.D. Fla. · 2024 · quote attribution · 1 verbatim quote · confidence high
a defendant who enters a plea of guilty waives all non-jurisdictional challenges to the constitutionality of the conviction, and only an attack on the voluntary and knowing nature of the plea can be sustained.
discussed Cited as authority (verbatim quote) Sanchez-Fourcade v. United States
M.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
conclusory allegations of ineffective assistance are insufficient.
discussed Cited as authority (verbatim quote) Turner v. United States
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence high
conclusory allegations of ineffective assistance are insufficient.
discussed Cited as authority (verbatim quote) Ortiz Salazar v. United States
M.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
conclusory allegations of ineffective assistance are insufficient.
examined Cited as authority (verbatim quote) Alvarez-Zarzgoza v. United States
M.D. Fla. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a defendant who enters a plea of guilty waives all non-jurisdictional challenges to the constitutionality of the conviction, and only an attack on the voluntary and knowing nature of the plea can be sustained.
examined Cited as authority (verbatim quote) Lockhart v. United States (2×)
M.D. Fla. · 2023 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
a defendant who enters a plea of guilty waives all non-jurisdictional challenges to the constitutionality of the conviction, and only an attack on the voluntary and knowing nature of the plea can be sustained.
examined Cited as authority (verbatim quote) Pabon v. United States
M.D. Fla. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a defendant who enters a plea of guilty waives all non-jurisdictional challenges to the constitutionality of the conviction, and only an attack on the voluntary and knowing nature of the plea can be sustained.
discussed Cited as authority (verbatim quote) Julius v. Secretary, Department of Corrections (Pasco County)
M.D. Fla. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
conclusory allegations of ineffective assistance are insufficient.
examined Cited as authority (verbatim quote) Rodriguez Diaz v. United States
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence high
a defendant who enters a plea of guilty waives all non-jurisdictional challenges to the constitutionality of the conviction, and only an attack on the voluntary and knowing nature of the plea can be sustained.
discussed Cited as authority (verbatim quote) Hall v. United States
N.D. Ala. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
conclusory allegations of ineffective assistance are insufficient.
discussed Cited as authority (verbatim quote) Johnson v. Secretary, Department of Corrections (Pinellas County)
M.D. Fla. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
conclusory allegations of ineffective assistance are insufficient.
examined Cited as authority (verbatim quote) Cook v. Secretary, Department of Corrections (Pinellas County)
M.D. Fla. · 2021 · quote attribution · 1 verbatim quote · confidence high
a defendant who enters a plea of guilty waives all nonjurisdictional challenges to the constitutionality of the conviction, and only an attack on the voluntary and knowing nature of the plea can be sustained.
discussed Cited as authority (verbatim quote) Torres v. Secretary, Department of Corrections (Hardee County)
M.D. Fla. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
conclusory allegations of ineffective assistance are insufficient.
examined Cited as authority (verbatim quote) Calhoun v. Secretary, Department of Corrections(Hillsborough)
M.D. Fla. · 2021 · quote attribution · 1 verbatim quote · confidence high
a defendant who enters a plea of guilty waives all nonjurisdictional challenges to the constitutionality of the conviction, and only an attack on the voluntary and knowing nature of the plea can be sustained.
discussed Cited as authority (verbatim quote) Cater v. United States (2×) also: Cited as authority (rule)
N.D. Ala. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
the real problem ... is that has not suggested any factual basis upon which counsel could have relied in making such a challenge.
examined Cited as authority (verbatim quote) Lawson v. Secretary, Department of Corrections
M.D. Fla. · 2020 · quote attribution · 1 verbatim quote · confidence high
a defendant who enters a plea of guilty waives all non-jurisdictional challenges to the constitutionality of the conviction, and only an attack on the voluntary and knowing nature of the plea can be sustained.
discussed Cited as authority (verbatim quote) Chandler v. United States
S.D. Fla. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
conclusory allegations of ineffective assistance are insufficient
discussed Cited as authority (verbatim quote) Powell v. United States
M.D. Fla. · 2020 · quote attribution · 1 verbatim quote · confidence high
conclusory allegations of ineffective assistance are insufficient.
discussed Cited as authority (verbatim quote) Dorvil v. Secretary, DOC (Collier County)
M.D. Fla. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
onclusory allegations of ineffective assistance are insufficient.
examined Cited as authority (verbatim quote) Harris v. Secretary, Department of Corrections
M.D. Fla. · 2020 · quote attribution · 1 verbatim quote · confidence high
a defendant who enters a plea of guilty waives all nonjurisdictional challenges to the constitutionality of the conviction, and only an attack on the voluntary and knowing nature of the plea can be sustained.
discussed Cited as authority (verbatim quote) Ryder v. United States
M.D. Fla. · 2020 · quote attribution · 1 verbatim quote · confidence high
conclusory allegations of ineffective assistance are insufficient.
examined Cited as authority (verbatim quote) Abonza-Torres v. Secretary, Department of Corrections
M.D. Fla. · 2019 · quote attribution · 1 verbatim quote · confidence high
a defendant who enters a plea of guilty waives all nonjurisdictional challenges to the constitutionality of the conviction, and only an attack on the voluntary and knowing nature of the plea can be sustained.
examined Cited as authority (quoted) Dalrymple v. Secretary, Department of Corrections (Sarasota)
M.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence low
a defendant who enters a plea of guilty waives all nonjurisdictional challenges to the constitutionality of the conviction, and only an attack on the voluntary and knowing nature of the plea can be sustained.
discussed Cited as authority (quoted) Laster v. Secretary, Department of Corrections(Polk County)
M.D. Fla. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
conclusory allegations of ineffective assistance are insufficient
examined Cited as authority (quoted) Weeks v. Secretary, Department of Corrections(Polk County) (2×) also: Cited as authority (rule)
M.D. Fla. · 2022 · quote attribution · 1 verbatim quote · confidence low
a defendant who enters a plea of guilty waives all nonjurisdictional challenges to the constitutionality of the conviction, and only an attack on the voluntary and knowing nature of the plea can be sustained.
cited Cited as authority (rule) Marcus Antonio Grubbs v. United States of America
M.D. Ala. · 2026 · confidence medium
Wilson v. United States, 962 F.2d 996, 998 (11th Cir. 1992) (per curiam).
discussed Cited as authority (rule) Didier Perez Perez v. United States of America (2×)
S.D. Fla. · 2026 · confidence medium
Once a defendant enters a guilty plea, “only an attack on the voluntary and knowing nature of the plea can be sustained.” Wilson v. United States, 962 F.2d 996, 997 (11th Cir. 1992) (citing Bradbury v. Wainwright, 658 F.2d 1083, 1087 (5th Cir. Unit B 1981)).
discussed Cited as authority (rule) Virgil Dennard v. United States of America
M.D. Ala. · 2026 · confidence medium
Wilson v. United States, 962 F.2d 996, 997 (11th Cir. 1992). representation fell below an objective standard of reasonableness,” Strickland v. Washington, 466 U.S. 668, 688 (1984), and (2) “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different,” id. at 694 .
discussed Cited as authority (rule) Frederick A. Tate v. Antonio McClain, Correctional Warden III, Bullock Correctional Facility, Alabama Department of Corrections
S.D. Ala. · 2026 · confidence medium
Importantly, “ ‘[c]onclusory allegations of ineffective assistance are insufficient.’ ” Wilson v. United States, 962 F.2d 996, 998 (11th Cir. 1992) (per curiam) (alteration added) (quoting United States v. Lawson, 947 F.2d 849, 853 (7th Cir. 1991)).
cited Cited as authority (rule) Dermetris Sims v. United States of America
N.D. Ala. · 2025 · confidence medium
“Conclusory allegations of ineffective assistance are insufficient.” Wilson v. United States, 962 F.2d 996, 998 (11th Cir. 1992) (internal citations omitted).
cited Cited as authority (rule) Quincetta Y Cargill v. United States of America
N.D. Ala. · 2025 · confidence medium
“Conclusory allegations of ineffective assistance are insufficient.” Wilson v. United States, 962 F.2d 996, 998 (11th Cir. 1992) (internal citations omitted).
cited Cited as authority (rule) Antuan Cornell Riggs v. United States of America
N.D. Ala. · 2025 · confidence medium
“Conclusory allegations of ineffective assistance are insufficient.” Wilson v. United States, 962 F.2d 996, 998 (11th Cir. 1992) (internal citations omitted).
cited Cited as authority (rule) Camerin Neshum Thomas v. United States of America
N.D. Ala. · 2025 · confidence medium
“Conclusory allegations of ineffective assistance are insufficient.” Wilson v. United States, 962 F.2d 996, 998 (11th Cir. 1992) (internal citations omitted).
cited Cited as authority (rule) Edgar Daniel Galvan Castillo v. United States of America
N.D. Ala. · 2025 · confidence medium
“Conclusory allegations of ineffective assistance are insufficient.” Wilson v. United States, 962 F.2d 996, 998 (11th Cir. 1992) (internal citations omitted).
discussed Cited as authority (rule) Leija v. United States
S.D. Fla. · 2025 · confidence medium
Since the Government had to prove that he “directly engaged [with a] minor victim,” Leija explains, he had 1 “[A]lthough ‘a defendant does not waive an ineffective assistance of counsel claim simply by entering a plea,’ an ineffective assistance of counsel claim raised in a § 2255 motion is waived by a guilty plea where the movant’s ‘claim of ineffective assistance is not about his decision to plead guilty.’” Shell v. United States, 2023 WL 3338631 , at *1 (11th Cir. May 10, 2023) (first quoting Arvelo v. Sec’y, Fla. Dep’t of Corr., 788 F.3d 1345, 1348 (11th Cir. 2015); …
discussed Cited as authority (rule) Crenshaw v. Secretary, Department of Corrections (Marion County)
M.D. Fla. · 2025 · confidence medium
See Borden v. Allen, 646 F.3d 785, 810 (11th Cir. 2011) (Rules Governing Section 2254 Cases in the United States District Court “mandate ‘fact pleading’ as opposed to ‘notice pleading.’ ”); Wilson v. United States, 962 F.2d 996, 998 (11th Cir. 1992) (holding that conclusory allegations of ineffective assistance of counsel are insufficient to merit habeas relief).
discussed Cited as authority (rule) Tisone v. United States
M.D. Fla. · 2025 · confidence medium
Effect of a Guilty Plea “A defendant who enters a plea of guilty waives all nonjurisdictional challenges to the constitutionality of the conviction, and only an attack on the voluntary and knowing nature of the plea can be sustained.” Wilson v. United States, 962 F.2d 996, 997 (11th Cir. 1992).
discussed Cited as authority (rule) Zimmerman v. United States
M.D. Fla. · 2025 · confidence medium
Wilson v. United States, 962 F.2d 996, 997 (11th Cir. 1992); United States v. Saac, 632 F.3d 1203, 1209 (11th Cir. 2011) (guilty plea establishes factual guilt, serving as an admission of all the elements of the criminal charge).
Retrieving the full opinion text from the archive…
The State of Oklahoma, Oklahoma Scenic Rivers Commission and Pollution Control Coordinating Board, Save the Illinois River (Stir), a Non-Profit Corporation of the State of Oklahoma, City of Fayetteville, Arkansas, the Beaver Water District, State of Arkansas, Arkansas Department of Pollution Control and Ecology
v.
Environmental Protection Agency, Oklahoma Wildlife Federation, Intervenor
89-9503.
Court of Appeals for the Tenth Circuit.
Apr 27, 1992.
962 F.2d 996

962 F.2d 996

34 ERC 1752

The STATE OF OKLAHOMA, Oklahoma Scenic Rivers Commission and
Pollution Control Coordinating Board, Save the Illinois
River (STIR), a non-profit corporation of the State of
Oklahoma, City of Fayetteville, Arkansas, the Beaver Water
District, State of Arkansas, Arkansas Department of
Pollution Control and Ecology, Petitioners,
v.
ENVIRONMENTAL PROTECTION AGENCY, Respondent,
Oklahoma Wildlife Federation, Intervenor.

Nos. 89-9503, 89-9507 and 89-9516.

United States Court of Appeals,
Tenth Circuit.

April 27, 1992.

On reversal from the United States Supreme Court (Supreme Court Nos. 90-1262 and 90-1266).

Before ANDERSON and BRORBY, Circuit Judges, and THEIS,[*] District Judge.

BRORBY, Circuit Judge.

1

We originally decided this case in an opinion found at 908 F.2d 595 (10th Cir.1990), in which this court construed the Clean Water Act as prohibiting any discharge of effluent that would reach waters already in violation of existing water quality standards.

2

The Supreme Court granted certiorari and in an opinion issued February 26, 1992, reversed the decision of this court. --- U.S. ----, 112 S.Ct. 1046, 117 L.Ed.2d 239 (1992).

3

We therefore AFFIRM the decision of the Environmental Protection Agency and REMAND this case to the Environmental Protection Agency.

*

The Honorable Frank G. Theis, Senior United States District Judge for the District of Kansas, sitting by designation