mcmann
richardson
argued
february
decided
may
brenda
soloff
new
york
city
petitioners
michael
juviler
new
york
city
district
attorney
new
york
county
amicus
curiae
special
leave
gretchen
white
oberman
new
york
city
respondents
justice
white
delivered
opinion
petition
certiorari
granted
mcmann
ross
seeks
reversal
three
separate
judgments
appeals
second
circuit
ordering
hearings
petitions
habeas
corpus
filed
respondents
case
principal
issue
us
whether
extent
otherwise
valid
guilty
plea
may
impeached
collateral
proceedings
assertions
proof
plea
motivated
prior
coerced
confession
find
substantial
disagreement
appeals
three
respondents
us
dash
richardson
williams
first
state
essential
facts
involved
dash
february
respondent
dash
charged
robbery
dash
previously
convicted
felony
punishable
years
imprisonment
pleading
guilty
robbery
second
degree
april
sentenced
term
eight
years
offender
petition
collateral
relief
state
courts
denied
without
hearing
relief
sought
district
southern
district
new
york
petition
habeas
corpus
alleged
guilty
plea
illegal
product
coerced
confession
trial
judge
threat
impose
sentence
convicted
plea
guilty
petition
asserted
beaten
refused
counsel
threatened
false
charges
prior
confession
trial
judge
threat
made
colloquy
one
dash
appearances
prior
date
plea
guilty
dash
also
asserted
attorney
advised
pleading
guilty
since
dash
chance
due
alleged
confession
signed
district
denied
petition
without
hearing
voluntary
plea
guilty
entered
advice
counsel
constitutes
waiver
defects
prior
stage
proceedings
defendant
citing
ex
rel
glenn
mcmann
cir
cert
denied
cases
allegation
coercion
trial
judge
call
hearing
since
prosecutor
filed
affidavit
state
categorically
denying
trial
judge
ever
threatened
defendant
dash
appealed
appeals
second
circuit
richardson
respondent
richardson
indicted
april
murder
first
degree
two
attorneys
assigned
represent
richardson
initially
pleaded
guilty
july
withdrew
plea
pleaded
guilty
murder
second
degree
specifically
admitting
time
struck
victim
knife
convicted
sentenced
term
years
life
following
denial
without
hearing
application
collateral
relief
state
richardson
filed
petition
habeas
corpus
district
northern
district
new
york
alleging
conclusory
fashion
plea
guilty
induced
coerced
confession
ineffective
counsel
petition
denied
without
hearing
appealed
appeals
second
circuit
including
appellate
brief
supplemental
affidavit
alleged
beaten
confessing
crime
assigned
attorney
conferred
minutes
prior
day
plea
guilty
taken
advised
attorney
want
plead
guilty
something
attorney
advised
plead
guilty
avoid
electric
chair
saying
proper
time
bring
confession
richardson
later
explain
writ
habeas
corpus
confession
beaten
williams
february
respondent
williams
indicted
five
felonies
including
rape
robbery
pleaded
guilty
robbery
second
degree
march
sentenced
april
term
years
unsuccessful
applications
collateral
relief
state
petitioned
writ
habeas
corpus
district
southern
district
new
york
asserting
plea
consequence
coerced
confession
made
without
understanding
nature
charge
consequences
plea
petition
documents
supporting
allegations
made
handcuffed
desk
interrogated
threatened
pistol
physically
abused
attorney
advising
plead
guilty
ignored
alibi
defense
represented
plea
misdemeanor
charge
rather
felony
charge
petition
denied
without
hearing
williams
appealed
appeals
second
circuit
reversed
case
sitting
en
banc
dividing
six
three
dash
disposing
richardson
williams
cases
decisions
panels
case
directed
hearing
held
petition
habeas
corpus
appeals
view
plea
guilty
effective
waiver
pretrial
irregularities
plea
voluntary
plea
voluntary
consequence
involuntary
confession
petitioner
represented
counsel
denied
existence
coercion
promises
tendering
plea
foreclose
hearing
petition
habeas
corpus
alleging
matters
outside
state
record
although
conclusory
allegations
case
suffice
allegations
cases
concerning
manner
confession
coerced
connection
confession
plea
deemed
sufficient
require
hearing
law
required
much
appeals
thought
least
new
york
prior
jackson
denno
constitutionally
acceptable
procedures
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defendant
test
voluntariness
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appeals
also
ordered
hearing
case
reasons
plea
claimed
rest
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confession
defendant
adequate
opportunity
test
state
courts
dash
case
additional
issue
considered
whether
trial
judge
coerced
guilty
plea
threats
probable
sentence
trial
conviction
plea
guilty
richardson
additional
issue
inadequacy
counsel
allegedly
arising
short
period
consultation
counsel
advice
effect
confession
issue
raised
plea
guilty
williams
additional
question
alleged
failure
counsel
consider
williams
alibi
defense
make
clear
pleading
felony
rather
misdemeanor
ii
core
appeals
holding
proposition
collateral
proceeding
guilty
plea
shown
triggered
coerced
plea
plea
vulnerable
least
cases
coming
new
york
guilty
plea
taken
prior
jackson
denno
supra
unable
agree
appeals
proposition
conviction
plea
guilty
normally
rests
defendant
admission
open
committed
acts
charged
brady
mccarthy
admission
may
compelled
since
plea
also
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unless
applicable
law
otherwise
waiver
right
contest
admissibility
evidence
state
might
offered
must
intelligent
act
sufficient
awareness
relevant
circumstances
likely
consequences
brady
present
purposes
put
aside
cases
whrer
defendant
reasons
pleading
guilty
wholly
aside
strength
case
well
cases
defendant
although
gone
trial
thought
state
prove
case
motivated
evidence
independent
confession
cases
appeals
recognized
confession
even
coerced
sufficient
factor
plea
justify
relief
neither
us
uncounseled
defendant
see
pennsylvania
ex
rel
herman
claudy
situation
circumstances
coerced
confession
abiding
impact
also
taint
plea
cf
chambers
florida
disputed
cases
guilty
plea
properly
open
challenge
issue
differ
appeals
arises
situations
involving
counseled
defendant
allegedly
put
state
proof
substantial
enough
chance
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except
prior
confession
might
offered
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decides
plead
guilty
save
expense
agony
trial
perhaps
also
imize
penalty
might
imposed
conviction
plea
defendant
entitled
hearing
relief
factual
claims
accepted
petition
habeas
corpus
alleges
confession
fact
coerced
motivated
plea
think
alleges
proves
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since
dealing
defendant
deems
confession
crucial
state
case
go
trial
thought
chances
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good
decision
plead
guilty
turns
whether
thinks
law
allow
confession
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defendant
considers
confession
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hence
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tendering
plea
guilty
seem
improbable
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sensible
course
contest
guilt
prevail
confession
claim
trial
appeal
necessary
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proceeding
win
acquittal
however
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might
books
full
cases
new
york
elsewhere
defendant
made
choice
prevailed
nevertheless
pleads
guilty
plea
hardly
blamed
confession
view
inadmissible
evidence
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part
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case
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aside
confession
weak
defendant
reasons
plead
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circumstances
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less
refusal
present
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claims
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first
choice
defendant
take
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guilty
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claim
collateral
proceedings
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later
allegations
confession
rendered
plea
involuntary
appear
incredible
whether
plain
bypass
state
remedies
intelligent
act
depends
whether
incompetently
advised
counsel
concerning
forum
first
present
federal
claim
constitution
afford
another
chance
plead
credible
explanation
plea
guilty
defendant
go
trial
except
prior
confession
prediction
law
permit
admissions
used
trier
fact
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probability
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permitted
use
confession
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convince
state
case
strong
contest
plea
guilty
advantageous
course
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events
suggests
defendant
plea
distinguished
confession
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act
later
petition
collateral
relief
asserting
coerced
confession
induced
plea
claim
admissibility
confession
mistakenly
assessed
since
erroneously
advised
either
applicable
law
law
later
announced
plea
unintelligent
voidable
act
constitution
however
render
pleas
guilty
vulnerable
said
brady
decision
plead
guilty
evidence
frequently
involves
making
difficult
judgments
pertinent
facts
normally
known
unless
witnesses
examined
even
truth
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dispute
face
unavoidable
uncertainty
defendant
counsel
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make
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judgment
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state
case
counsel
must
predict
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understands
viewed
proved
facts
convince
judge
jury
defendant
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facts
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seized
without
warrant
admissible
trier
fact
facts
find
confession
voluntary
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questions
like
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certitude
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decision
plead
guilty
must
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upon
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may
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trial
entails
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risk
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competent
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turn
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plea
must
intelligently
made
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defendant
lawyer
withstand
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courts
continue
serious
differences
among
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respect
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facts
judged
respect
application
standard
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facts
might
hold
defendant
confession
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evidence
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vote
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justifies
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defendant
attorney
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thought
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guilty
view
defendant
plea
guilty
based
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competent
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open
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cases
one
hand
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inherent
predicting
decisions
hand
defendants
facing
felony
charges
entitled
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assistance
competent
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think
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courts
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right
counsel
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constitution
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defendants
left
mercies
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maintain
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representing
defendants
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cases
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iv
hold
therefore
defendant
alleges
pleaded
guilty
prior
coerced
confession
without
entitled
hearing
petition
habeas
corpus
deem
situation
substantially
different
defendant
plea
entered
prior
jackson
denno
issue
case
constitutionality
new
york
procedure
determining
voluntariness
confession
offered
evidence
jury
trial
procedure
applicable
respondents
gone
trial
required
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judge
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voluntariness
established
submit
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fact
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whether
confession
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reliable
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offered
evidence
trial
adequately
protect
jackson
right
free
conviction
based
upon
coerced
confession
therefore
withstand
constitutional
attack
due
process
clause
fourteenth
amendment
reaching
conclusion
overruled
stein
new
york
approved
new
york
practice
whether
guilty
plea
entered
jackson
denno
question
validity
plea
remains
plea
voluntary
intelligent
act
defendant
previously
set
plea
guilty
state
subject
collateral
attack
federal
ground
motivated
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unless
defendant
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attorney
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jackson
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defendant
plead
guilty
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trial
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new
york
procedures
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showing
made
precisely
challenge
presented
new
york
courts
stein
new
york
supra
found
constitutional
infirmity
new
york
procedures
dealing
claims
counsel
respondents
faulted
anticipating
jackson
denno
considering
new
york
procedures
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four
dissenters
case
thought
unimpressed
argument
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jackson
applied
retroactively
defendants
previously
gone
trial
defendant
whose
confession
allegedly
caused
plead
guilty
prior
jackson
also
entitled
hearing
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admissions
held
coerced
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trial
coerced
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rests
part
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confession
constitutionally
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defendant
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proceedings
defendant
pleads
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whether
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defendant
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law
bearing
accuracy
defendant
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integrity
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convictions
obtained
guilty
pleas
whether
years
later
defendants
must
permitted
withdraw
pleas
perfectly
valid
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putting
state
proof
might
suggested
jackson
law
pleas
cases
judge
required
rule
voluntariness
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confessions
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confessions
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pleas
inherent
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se
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york
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case
appeals
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jackson
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claims
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judgments
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require
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petitions
habeas
corpus
light
standards
expressed
herein
judgments
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vacated
case
remanded
proceedings
consistent
opinion
ordered
judgments
vacated
cases
remanded
justice
black
still
adhering
separate
opinion
jackson
denno
concurs
opinion
judgment
case
justice
brennan
justice
douglas
justice
marshall
join
dissenting
case
moves
yet
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step
toward
goal
insulating
guilty
pleas
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attack
matter
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action
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may
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respondents
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detail
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mental
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force
confess
succumbed
pressures
new
york
provided
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holds
respondents
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justice
black
pennsylvania
ex
rel
herman
claudy
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mental
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rigor
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cases
chambers
florida
case
four
defendants
confessed
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three
pleaded
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tried
jury
defendants
represented
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stated
trial
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continue
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defendant
case
unfairly
influence
decisions
regarding
legal
alternatives
moreover
approach
pennsylvania
ex
rel
herman
claudy
inconsistent
absolute
rule
adopts
today
considered
whether
circumstances
case
pressures
brought
bear
defendant
state
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coerced
confession
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guilty
plea
involuntary
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defendant
assisted
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given
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significance
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counsel
concluded
parker
north
carolina
brady
legal
concept
narrowly
confined
refers
surrender
constitutional
rights
influenced
considerations
government
properly
introduce
pleading
process
parker
brady
factor
introduced
government
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death
penalty
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defendant
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new
trial
reversal
defendant
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objected
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testimony
previous
trial
ground
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induced
testify
former
trial
introduction
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sustained
contention
noting
part
petitioner
testified
government
illegally
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evidence
three
confessions
wrongfully
obtained
principle
prohibits
use
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procured
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