United States Ninth Circuit

District court's denial of defendant's request for habeas relief challenging his no contest plea to second degree murder is affirmed where: 1) although Federal Rule of Criminal Procedure 11 and its state analogs require that a plea be supported by a factual basis, the state trial court's failure to find one for defendant's plea, unaccompanied by protestations of innocence, did not present a constitutional issue cognizable under section 2254; and 2) defendant's plea was not made under Alford or a state analog that would trigger a factual basis requirement.

Appellate Information

• Decided 12/11/2012
• Published 12/11/2012

Judges

• Adelman

Court

• United States Ninth Circuit

Counsel