Saldana v. United States

PETITIONER: Saldana
RESPONDENT: United States
LOCATION: Eagle Coffee Shoppe

DOCKET NO.: 176
DECIDED BY: Warren Court (1958-1962)
LOWER COURT: United States Court of Appeals for the Ninth Circuit

CITATION: 365 US 646 (1961)
ARGUED: Mar 20, 1961
DECIDED: Apr 03, 1961

Facts of the case

Question

Media for Saldana v. United States

Audio Transcription for Oral Argument - March 20, 1961 (Part 2) in Saldana v. United States

Audio Transcription for Oral Argument - March 20, 1961 (Part 1) in Saldana v. United States

Earl Warren:

Leonard Saldana, petitioner, versus United States.

Mr. Reinhardt.

Stephen R. Reinhardt:

Mr. Chief Justice and may it please the Court.

Before commencing the oral argument, I would like to move the admission of Mr. Herbert Bernhard pro hac vice.

Earl Warren:

Yes, Mr. Bernhard may be so admitted --

Stephen R. Reinhardt:

Thank you.

Earl Warren:

-- Mr. Reinhardt.

Stephen R. Reinhardt:

May it please the Court.

This case is here on writ of certiorari to the US cir-- US Court of Appeals for the Ninth Circuit.

It involves a criminal conviction of the petitioner.

The conviction was upheld by the Court of Appeals.

The facts are as follows.

On June 16, 1958, the petitioner was arraigned before Judge Thurmond Clark.

The petitioner, at that time, being indigent, did not have counsel.

A counsel from the Indigent Defendant Panel was appointed at that time.

Thereupon, Judge Clark suggested that, in view of the fact that there was a co-defendant in the case who is pleading guilty at the same time, that petitioner plead guilty as to all five counts of the indictment.

The petitioner then pleaded guilty.

Following that plea and arraignment, court-appointed counsel --

Earl Warren:

Was that a-- he pleaded guilty, you say?

Stephen R. Reinhardt:

Pleaded not guilty.

I'm sorry, Your Honor.

Earl Warren:

Not guilty, yes, I thought so.

Stephen R. Reinhardt:

Petitioner pleaded not guilty to all five counts.

Following that plea and arraignment, court-appointed counsel, and I was the court-appointed counsel, consulted with petitioner to determine the nature of the offense and what petitioner's wishes were.

Following consultation with petitioner, following an investigation of the facts, it was determined that petitioner would plead guilty, petitioner acknowledging that he did commit the offense.

Thereupon, consulted with the Assistant United States Attorney and inquired as to the disposition which would be acceptable to the United States Attorney's Office.

The United States Attorney's Office advised that, as a matter of course in proceedings of this nature, pleas would be accepted to a lesser number of counts and that the acceptable number in this case would be two.

Thereupon, it was agreed between the United States Attorney and petitioner's counsel that a plea of guilty would be entered on two counts.

John M. Harlan II:

Where does that appear in the record?

This is the conference of the United States Attorney, is it not?