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1976 Supreme(Raj) 249

BURGER, REHNQUIST, BLACKMUN
Robert J. Henderson – Appellant
Versus
Timothy G. Morgan, – Respondent


Advocates:
For the Petitioner:Joel Lewittes, Advocate.
For the Respondent:Joseph E. Lynch, Advocate.

JUDGMENT

1. SUMMARYUpon advice of his attorneys, the defendant, in a state trial court in Fulton County, New York, pleaded guilty to a charge of second-degree murder and was convicted on that charge. After having exhausted his state remedies, he filed a petition for writ of habeas corpus in the United States District Court for the Northern District of New York, alleging, insofar as relevant, that his plea was involuntary because he was not aware that intent to cause death was an element of the offence. After protracted proceedings in the District Court, that court held as a matter of law in favour of the defendant-petitioner. This holding was affirmed, without opinion, by the Court of Appeals for the Second Circuit (516 F2d 897).On certiorari, the United States Supreme Court also affirmed. In an opinion by Stevens, J., expressing the view of seven members of the court, it was held that the judgment of conviction was entered without due process of law, since the defendant-petitioner' s plea of guilty was involuntary in that he did not receive adequate notice of the offence.White, J., joined by Stewart, Blackmun, and Powell, JJ., concurred, expressing the view that the defendant' s




























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