Opinion · Supreme Court of the United States
Halliday v. United States
23 L. Ed. 2d 16
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1969-05-05
- Topic
- general
noncompliance with rule 11 of the Federal Rules of Criminal Procedure entitles a defendant to withdraw his guilty plea | duty to establish effective waiver of rights associated with guilty plea on the record not retroactive | duty to establish on the record that the defendant effectively waived rights associated with guilty plea held not retroactive | duty to establish on the record that the defendant effectively waived rights associated with guilty plea held not retroactive | new rule not applicable to guilty pleas accepted before date of law-changing decision | new rule not applicable to guilty pleas accepted before date of law-changing decision | McCarthy rule adopted to ensure every criminal defendant who pleads guilty is protected by Rule ll’s procedural safeguards, which are "designed to facilitate the determination of voluntariness of his plea” | interpretation of Fed. R. Crim. P. 11 concerning guilty pleas not applied retroactively | McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1909), which mandates literal compliance by federal judges with Fed.R.Crim.P. Rule 11, and which may be considered the counterpart of Boykin, is not retroactive
Citator
- Cited by
- 333 opinions
The motion to proceed in forma pauperis is granted. The petition for a writ of certiorari is also granted, limited to one issue: Should petitioner’s conviction be reversed because the United States District Judge who accepted his guilty plea failed to comply with Rule 11 of the Federal Rules of Criminal Procedure? In our recent decision of McCarthy v. United States, ante, p. 459, we held that when a guilty plea is accepted in violation of Rule 11 the defendant must be afforded an opportunity to plead anew. Petitioner’s plea was entered in 1954. The question we must decide, therefore, is whether McCarthy should be applied to guilty pleas accepted prior to the date of that decision. We hold that it should not.
After an evidentiary hearing on October 17, 1967, petitioner’s motion to set aside his sentence under 28 U. S. C. § 2255 was denied by the United States District Court for the District of Massachusetts. The United
In deciding whether to apply newly adopted constitutional rulings retroactively, we have considered three criteria: (1) the purpose of the new rule; (2) the extent of reliance upon the old rule; and (3) the effect retroactive application would have upon the administration of justice. E. g., Desist v. United States, ante, p. 244; Stovall v. Denno, 388 U. S. 293 (1967); Johnson v. New Jersey, 384 U. S. 719 (1966). In McCarthy we took care to note that our holding was based solely upon the application of Rule 11 and not upon constitutional grounds. Nevertheless, it is appropriate to analyze the question of that decision’s retroactivity in terms of the same criteria we have employed to determine whether constitutionally grounded decisions that depart from precedent should be applied retroactively. See Linkletter v. Walker, 381 U. S. 618, 622-629 (1965).
The rule we adopted in McCarthy has two purposes: (1) to insure that every defendant who pleads guilty is afforded Rule ll’s procedural safeguards, which are designed to facilitate the determination of the voluntariness of his plea; (2) to provide a complete record at the time the plea is entered of the factors relevant to this determination, thereby facilitating a more expeditious disposition of a post-conviction attack on the plea. Unquestionably, strict compliance with Rule 11 enhances the reliability of the voluntariness determination, and we have retroactively applied constitutionally grounded rules of crim
Accordingly, the judgment of the Court of Appeals for the First Circuit is
Affirmed.