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DIAZ v. MARTIN

No. 82-1480.

718 F.2d 1372 (1983)

Leonard O. DIAZ, Jr., Petitioner-Appellant, v. T.C. MARTIN, Warden, Federal Correctional Institution, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 23, 1983.

Attorney(s) appearing for the Case

Anna Stool, Asst. U.S. Atty., Houston, Tex., for petitioner-appellant.

Barbara J. Lipscomb, Asst. Atty. Gen., Austin, Tex., for respondents-appellees.

Before RUBIN and JOLLY, Circuit Judges, and PUTNAM, District Judge.

Rehearing and Rehearing En Banc Denied December 23, 1983.

ALVIN B. RUBIN, Circuit Judge:

The Constitution forbids judicial acceptance of a plea of guilty to a criminal offense unless that plea is entered both voluntarily and knowingly. To ensure that guilty pleas are entered only as the result of an informed and conscious choice, the accused has the right to the effective assistance of counsel in deciding upon and entering such a plea. This instrumental right...

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