United States Tenth Circuit

In a federal habeas petition, the lower court's judgment is reversed and remanded where: 1) the trial court committed constitutional error in accepting the defendant's plea given the facts admitted by the defendant and his assertion of innocence regarding the act or acts responsible for the decedent's death; and 2) defendant's guilty plea was not voluntary as he did not receive adequate notice of the offense.

Appellate Information

• Decided 11/17/2008
• Published 11/18/2008

Judges

• KELLY, Circuit Judge., Before KELLY, McCONNELL, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• James L. Hankins of Ogle & Welch, P.C., Oklahoma City, OK, for Petitioner-Appellant.


• For Appellees:
  
• Theodore M. Peeper, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma, on the brief), Oklahoma City, OK, for Respondent-Appellee.