Tollett v. Henderson
Supreme Court of the United States
Tollett, Warden v. Henderson
Certiorari to the United States Court of Appeals for the Sixth Circuit
No. 72-95. Argued: February 20, 1973 --- Decided: April 17, 1973
Where a state criminal defendant, on advice of counsel, pleads guilty he cannot in a federal habeas corpus proceeding raise independent claims relating to the deprivation of constitutional rights that antedated the plea, Brady v. United States, 397 U.S. 742, such as infirmities in the grand jury selection process, but may only attack the voluntary and intelligent character of the guilty plea by showing that counsel's advice was not within the standards of McMann v. Richardson, 397 U.S. 759. Pp. 261-269.
459 F.2d 237, reversed and remanded.
REHNQUIST, J., delivered the opinion of the Court., in which BURGER, C.J., and STEWART, WHITE, BLACKMUN, and POWELL, JJ., joined. MARSHALL, J., filed a dissenting opinion, in which DOUGLAS and BRENNAN, JJ., joined, post, p. 269.
R. Jackson Rose, Assistant Attorney General of Tennessee, argued the cause for petitioner. With him on the brief were David M. Pack, Attorney General, and Bart C. Durham III and William C. Koch, Assistant Attorneys General.
H. Fred Hoefle, by appointment of the Court, 409 U.S. 1004, argued the cause and filed a brief for respondent.[1]
- ↑ Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, Doris H. Maier and Edward P. O'Brien, Assistant Attorneys General, and Gloria F. DeHart, Deputy Attorney General, filed a brief for the State of California as amicus curiae urging reversal.
- Jack Greenberg, James M. Nabrit III, and Charles Stephen Ralston filed a brief for the NAACP Legal Defense and Educational Fund, Inc, as amicus curiae, urging affirmance.