BROWN v. PEYTON

No. 13810.

435 F.2d 1352 (1970)

George BROWN, Jr., Appellant, v. C. C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 29, 1970.


Attorney(s) appearing for the Case

H. Lane Kneedler, Charlottesville, Va. (Court-assigned) for appellant.

Edward J. White, Asst. Atty. Gen. of Va. (Andrew P. Miller, Atty. Gen., on brief) for appellee.

Before BRYAN and WINTER, Circuit Judges, and WIDENER, District Judge.


WIDENER, District Judge:

This case raises the issue of whether a trial judge's participation in plea bargaining negotiations vitiates the voluntariness of a subsequent guilty plea. The district court held that a state prisoner's plea of guilty was voluntary notwithstanding the fact that the record made it clear that the trial judge had entered into the plea bargaining negotiations. We affirm the decision of the district court.

On April 29, 1957, Emma Marion...

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