State v. Turner, 183 N.W.2d 763 (Neb. 1971). · Go Syfert
State v. Turner, 183 N.W.2d 763 (Neb. 1971). Cases Citing This Book View Copy Cite
324 citation events (8 in the last 25 years) across 15 distinct courts.
Strongest positive: Gonzales v. Grammer (ca8, 1988-06-07)
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971 1998 2026
Top citers, strongest first. 24 distinct citers.
discussed Cited as authority (rule) ca8 1988
8th Cir. · 1988 · confidence medium
For example, specific mention was not made of defendant's privilege against self-incrimination nor of his right to confront the witnesses against him. 5 State v. Gonzales, 218 Neb. at 49 , 352 N.W.2d at 575 . 6 Despite these deficiencies in accepting the earlier pleas, the Nebraska court asserted there was "substantial compliance with the ABA Standards Relating to Pleas of Guilty" 2 and with the Nebraska Supreme Court's decision in State v. Turner, 186 Neb. 424, 425 , 183 N.W.2d 763, 765 (1971).
discussed Cited as authority (rule) Gonzales v. Grammer
8th Cir. · 1988 · confidence medium
Despite these deficiencies in accepting the earlier pleas, the Nebraska court asserted there was “substantial compliance with the ABA Standards Relating to Pleas of Guilty” 2 and with the Nebraska Supreme Court’s decision in State v. Turner, 186 Neb. 424, 425 , 183 N.W.2d 763, 765 (1971).
discussed Cited as authority (rule) State v. Minshall
Neb. · 1987 · confidence medium
In State v. Turner, 186 Neb. 424, 426 , 183 N.W.2d 763, 765 (1971), this court stated that the ABA Standards Relating to Pleas of Guilty “outline what should be the minimum procedure” regarding pleas of guilty or no contest (nolo contendere).
discussed Cited as authority (rule) Gonzales v. Grammer
D. Neb. · 1987 · confidence medium
When the judge discharges that function, he leaves a record adequate for any review that may be later sought ..., and forestalls the spinoff of collateral proceedings that seek to probe murky memories.” When the Supreme Court of Nebraska confronted the Boykin issue in the petitioner’s direct appeal, it repeated its position in State v. Turner, 186 Neb. 424, 425 , 183 N.W.2d 763, 765 (1971), that a “requirement of an item-by-item review of constitutional rights on a guilty plea is a strained and a too extreme construction of [Boykin v. Alabama and McCarthy v. United States, 394 U.S. 459 ,…
discussed Cited as authority (rule) State v. Joubert (2×)
Neb. · 1986 · confidence medium
In State v. Turner, 186 Neb. 424, 427 , 183 N.W.2d 763, 766 (1971), in discussing the necessary standard for accepting a plea of guilty, we said: "`The standard was and remains whether the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant.' " The record must show that a plea of guilty was made intelligently, voluntarily, and understandingly.
discussed Cited as authority (rule) State v. Irish (2×)
Neb. · 1986 · confidence medium
It is further true that in State v. Turner, 186 Neb. 424, 426 , 183 N.W.2d 763, 765 (1971), this court stated the ABA Standards Relating to Pleas of Guilty “outline what should be the minimum procedure in the taking of such pleas.” Through a series of cases, this court has drifted from that statement to language that the court had adopted or embraced some of the standards relating to guilty pleas as reflected by the approved draft of 1968.
discussed Cited as authority (rule) State v. Jackson
Neb. · 1985 · confidence medium
In State v. Turner, 186 Neb. 424, 425 , 183 N.W.2d 763, 765 (1971), we stated that “a plea of guilty must not only be intelligent and voluntary to be valid but the record must affirmatively disclose that the defendant entered his plea understanding^ and voluntarily.” We went on in Turner to state: “Before accepting a guilty plea a judge is expected to sufficiently examine the defendant to determine whether he understands the nature of the charge, the possible penalty, and the effect of his plea.” Id. at 425-26 , 183 N.W.2d at 765 .
discussed Cited as authority (rule) State v. Williams
Neb. · 1985 · confidence medium
In State v. Turner, 186 Neb. 424, 425-26 , 183 N.W.2d 763, 765 (1971), we stated: “Before accepting a guilty plea a judge is expected to sufficiently examine the defendant to determine whether he understands the nature of the charge, the possible penalty, and the effect of his plea.” Under similar facts, since State v. Curnyn, 202 Neb. 135 , 274 N.W.2d 157 (1979), we have adopted the following procedure: We therefore remand this case to the sentencing court.
discussed Cited as authority (rule) State v. Fischer
Neb. · 1984 · confidence medium
In State v. Turner, 186 Neb. 424, 425-26 , 183 N.W.2d 763, 765 (1971), we stated: “Before accepting a guilty plea a judge is expected to sufficiently examine the defendant to determine whether he understands the nature of the charge, the possible penalty, and the effect of his plea.” Here, a close reading of the bill of exceptions shows that the trial court had no dialogue with defendant informing defendant of the statutory penalty of 1 to . 50 years’ imprisonment.
discussed Cited as authority (rule) State v. Gonzales (2×)
Neb. · 1984 · confidence medium
Insofar as defendant relies on Boykin v. Alabama, supra , this court's position was clearly set out in State v. Turner, 186 Neb. 424, 425 , 183 N.W.2d 763, 765 (1971), where we stated: If we understand defendant's argument, in his reliance on Boykin, as well as on McCarthy v. United States, 394 U.S. 459 , 89 S.Ct. 1166 , 22 L.Ed.2d 418 , which deals with Rule 11 of the Federal Rules of Criminal Procedure, it is his contention that the trial court must direct a defendant's attention to each and every constitutional right and then obtain a separate expressed verbal waiver of each of them before …
discussed Cited as authority (rule) Jessee Travis Rouse v. William Foster
8th Cir. · 1982 · confidence medium
Standards Relating to Pleas of Guilty, adopted by the Supreme Court of Nebraska in State v. Turner, 186 Neb. 424 , 183 N.W.2d 763, 765 (1971), to personally advise him of the statutory minimum and maximum sentences he could receive before accepting his plea and that the court’s failure to do so rendered his plea involuntary and unknowing.
examined Cited as authority (rule) State v. Tweedy (4×)
Neb. · 1981 · confidence medium
“This requirement of an item-by-item review of constitutional rights on a guilty plea is a strained and a too extreme construction of those cases.” State v. Turner, 186 Neb. 424, 425 , 183 N.W.2d 763, 765 (1971).
examined Cited as authority (rule) State v. Reaves (4×)
Iowa · 1977 · confidence medium
The court said: “The record as a whole shows Edwards understood what constitutional rights he waived by his plea and that is sufficient.” In State v. Turner, 186 Neb. 424 , 183 N.W.2d 763, 765 (1971) the Nebraska Supreme Court said that the defendant need not be given an item-by-item review of his constitutional rights nor need the court obtain a separate expressed verbal waiver as each of them before it can find an intelligent and voluntary waiver by defendant.
discussed Cited as authority (rule) People v. Kuchulan
Mich. · 1973 · confidence medium
S. Coleman, J._ 1 Or perhaps "on and after”. 2 Stinson v Turner, 473 F2d 913, 915-916 (CA 10, 1973); Wade v Coiner, 468 F2d 1059 (CA 4, 1972); United States v Frontero, 452 F2d 406, 415 (CA 5, 1971); State v Turner, 186 Neb 424; 183 NW2d 763, 765 (1971); Commonwealth v Morrow, — Mass —; 296 NE2d 468, 472-473 (1973); Merrill v State, — SD —; 206 NW2d 828, 831 (1973). 3 Kuchulan pled guilty on January 6, 1970.
discussed Cited "see" State v. Snodgrass (2×)
Neb. · 1988 · signal: see · confidence high
See, State v. Turner, 186 Neb. 424 , 183 N.W.2d 763 (1971); State v. Tweedy, 209 Neb. 649 , 309 N.W.2d 94 (1981).
discussed Cited "see" State v. Miles (2×)
Neb. · 1979 · signal: see · confidence high
See State v. Miles, supra. Although it is true that we have adopted the American Bar Association Standards Relating to *134 Pleas of Guilty in State v. Turner, 186 Neb. 424 , 183 N. W. 2d 763 (1971), and have stated that those standards should be the minimum procedure in the taking of such pleas, we have never stated that those standards, particularly section 1.3(b) with reference to a delay in pleading, involve constitutional rights.
examined Cited "see" Hollingshed v. State (4×)
Ind. · 1977 · signal: see · confidence high
See State v. Turner, (1971) 186 Neb. 424 , 183 N.W.2d 763, 765 .
discussed Cited "see" State v. Cooper (2×)
Neb. · 1976 · signal: see · confidence high
See State v. Turner, 186 Neb. 424 , 183 N. W. 2d 763 .
discussed Cited "see" Holloway v. Wolff (2×)
D. Neb. · 1972 · signal: see · confidence high
See State v. Turner, 186 Neb. 424 , 183 N.W.2d 763 (1971).
discussed Cited "see" State v. Thompson (2×)
Neb. · 1972 · signal: see · confidence high
See, State v. Turner, 186 Neb. 424 , 183 N. W. 2d 763 ; State v. Cruse, 187 Neb. 331 , 190 N. W. 2d 629 .
examined Cited "see" State Ex Rel. LeBlanc v. Henderson (4×)
La. · 1972 · signal: see · confidence high
See State v. Turner, 186 Neb. 424 , 183 N.W.2d 763 (1971); Edwards v. State, 51 Wis.2d 231 , 186 N.W.2d 193 (1971); State v. Piacella, 27 Ohio St.2d 92 , 271 N.E.2d 852 (1971); State v. Laurino, 106 Ariz. 586 , 480 P.2d 342 (1971); State v. Campbell, 107 Ariz. 348 , 488 P.2d 968 (1971); Jones v. State, 207 Kan. 622 , 485 P.2d 1349 (1971); Miracle v. Peyton, 211 Va. 123 , 176 S.E.2d 339 (1970); Teton v. State, Wyo., 482 P.2d 123 (1971); Lockhart v. State, Ind., 274 N.E.2d 523 (1971).
discussed Cited "see" State ex rel. LeBlanc v. Henderson (2×)
La. · 1972 · signal: see · confidence high
See State v. Turner, 186 Neb. 424 , 183 N.W.2d 763 (1971); Edwards v. State, 51 Wis.2d 231 , 186 N.W.2d 193 (1971); State v. Piacella, 27 Ohio St.2d 92 , 271 N.E.2d 852 (1971); State v. Laurino, 106 Ariz. 586 , 480 P.2d 342 (1971); State v. Campbell, 107 Ariz. 348 , 488 P.2d 968 (1971); Jones v. State, 207 Kan. 622 , 485 P.2d 1349 (1971); Miracle v. Peyton, 211 Va. 123 , 176 S.E.2d 339 (1970); Teton v. State, Wyo., 482 P.2d 123 (1971); Lockhart v. State, Ind., 274 N.E.2d 523 (1971).
examined Cited "see, e.g." Williams v. State (4×)
Ind. · 1977 · signal: see also · confidence low
See also State v. Turner (1971), 186 Neb. 424 , 183 N.W.2d 763 , 765: Essentially, defendant relies on Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 .
discussed Cited "see, e.g." Merrill v. State (2×)
S.D. · 1973 · signal: see, e.g. · confidence low
See, e. g., State v. Turner, 186 Neb. 424 , 183 N.W.2d 763 ; Edwards v. State, 51 Wis.2d 231 , 186 N.W.2d 193 ; Wade v. Coiner, 4 Cir., 468 F.2d 1059 ; United States v. Frontero, 5 Cir., 452 F.2d 406 ; United States v. Sherman, 9 Cir., 474 F.2d 303 ; Stinson v. Turner, 10 Cir., 473 F.2d 913 . 2 We find this latter interpretation of Boykin to be persuasive.
State of Nebraska, Appellee,
v.
Arthur Turner, Appellant
37641.
Nebraska Supreme Court.
Feb 11, 1971.
183 N.W.2d 763
A. Q. Wolf and Bennett G. Hornstein, for appellant., Clarence A. H. Meyer, Attorney General, and Ralph H. Gillan, for appellee.
Carter, Spencer, Boslaugh, Smith, McCown, Newton.
Cited by 161 opinions  |  Published

Lead Opinion

Spencer, J.

This is an appeal from a judgment and sentence of 3 to 5 years in the Nebraska Penal and Correctional Complex on a guilty plea to the charge of uttering a forged instrument on the premise that the record fails to affirmatively show defendant pled guilty voluntarily, understandingly, and intelligently and with full knowledge of the rights he was waiving by his plea. We affirm.

Defendant appeared in district court with his attorney, a member of the staff of the Douglas County public defender’s office, and on request was granted leave to withdraw Ms plea of not guilty and thereupon pled guilty. Defendant is represented in this appeal by another member of the Douglas County public defender’s staff.

Essentially, defendant relies on Boykin v. Alabama, 395 U. S. 238, 89 S. Ct. 1709, 23 L. Ed. 2d 274. Defendant contends that Boykin requires an affirmative showing in[*425] the record that the trial court advised him of his privilege against compulsory self-incrimination as well as his right to confront his accusers before >a determination of his waiver of these constitutional guarantees. We do- not interpret Boykin so strictly. What Boykin says is that the court cannot presume a waiver of federal constitutional rights from a silent record. That case requires that a plea of guilty must not only be intelligent and voluntary to be valid but the record must affirmatively disclose that the defendant entered his plea understandingly and voluntarily. This the present record shows.

If we understand defendant’s argument, in his reliance on Boykin, as well as on McCarthy v. United States, 394 U. S. 459, 89 S. Ct. 1166, 22 L. Ed. 2d 418, which deals with Rule 11 of the Federal Rules of Criminal Procedure, it is his contention that the trial court must direct a defendant’s attention to each and every constitutional right and then obtain a separate expressed verbal waiver of each of them before it can find an intelligent and voluntary waiver. This requirement of an item-by-item review of constitutional rights on a guilty plea is a strained and a too extreme construction of those cases.

A plea of guilty embodies a waiver of every defense to the charge, whether procedural, statutory, or constitutional. The constitutional rights, both state and federal, involved in such waiver include many others in addition to those mentioned above. As we said in Boykin v. Alabama, supra: “Several federal constitutional rights are involved in a waiver that takes place when a plea of guilty is entered in a state criminal trial.” And in McCarthy v. United States, supra: “A defendant who enters .such a plea simultaneously waives several -constitutional rights, * *

The criteria is whether or not the defendant understands the relevant factors involved in a guilty plea. Before accepting, a guilty plea a judge is expected to sufficiently examine the defendant to determine whether he understands the nature of the charge, the possible pen[*426] alty, -and the effect of his plea. Without specifically detailing the exact procedure to be followed, we state that the Standards Relating to Pleas of Guilty promulgated by the American Bar Association outline what should be the minimum procedure in the taking of such pleas.

There was substantial compliance with the American Bar Association standards herein. The trial court specifically asked the defendant if he 'understood he was waiving his right to a jury trial; if he was aware of the penalty of the offense; whether any promises had been made to him; and whether he had discussed all his rights with his counsel. The court also specifically asked counsel if there was any doubt in counsel’s mind that the defendant’s action was voluntary and that he understood what he was doing and the consequences of a guilty plea. On two occasions, defendant’s counsel assured the court that he had no doubt the defendant’s action was voluntary 'and that the defendant understood what he was. doing.

There are many controlling distinctions between this case and Boykin. While defendant in Boykin was represented by counsel, the record is silent as to whether his plea was understandingly made. Nor does the record in Boykin show whether the trial judge even spoke to the defendant or that the defendant had ever counseled with his counsel. Unlike Boykin, the defendant here pled not guilty when arraigned and before trial 4 months later withdrew his not guilty plea and pled guilty. During this period he was represented by counsel.

' The court in imposing sentence noted that the presentence report disclosed a lengthy record with other charges, including one for grand larceny still pending. While this is immaterial in this appeal, it may shed light on a reason for a change of plea.

The standard for determining the validity of guilty pleas is enunciated as follows'in North Carolina v. Alford,[*427] - U. S. - , 91 S. Ct. 160, - L. Ed. 2d -: “The standard was and remains whether the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant.” In this case the United States Supreme Court held a guilty plea valid although the defendant protested his innocence and stated he was pleading guilty to avoid the death penalty.

We affirm the judgment.

Affirmed.

Concurrence

'Carter, J.,

concurring in result.

I agree with the result in this case. I do not agree with that part of the opinion which supports the result because there was substantial compliance with the American Bar Association standards relating to pleas of guilty. The American Bar Association performs many useful services for the bench and bar, but its work does not rise to the status of legislative acts or judicial holdings. I submit that its committee reports, although finally approved by it, are not authoritative in declaring the law of this state. It is the inference that its standards relating to pleas of guilty are required to be foEowed that gives rise to this concurrence.

Newton, J., joins in this concurrence.