Volney Davis v. United States, 226 F.2d 834 (8th Cir. 1955)

The Eighth Circuit's opinion on Volney Davis's motion under 28 U.S.C. § 2255 attacking the life sentence imposed on 7 June 1935 after his guilty plea to conspiring to kidnap Edward George Bremer. The order denying relief was affirmed.

Date

1955-11-04

Kind

court-opinion

Source

CourtListener

Retrieved

2026-10-12

Docket

15229

Rights

Opinion of a federal court. A United States government work; judicial opinions are not subject to copyright (17 U.S.C. § 105). The text is served by CourtListener.

Volney Davis moved under 28 U.S.C. § 2255 “to set aside, vacate and nullify or reduce a life sentence of imprisonment imposed on him by the United States District Court for the District of Minnesota on June 7, 1935, pursuant to his entry of a plea of guilty to an indictment charging that he and others conspired to kidnap one Edward George Bremer.” The opinion states that he was arraigned on June 3, 1935: “He appeared without counsel, entered a plea of guilty and four days later, on June 7, 1935, was sentenced by Judge Joyce to life imprisonment.” A clerk’s entry for June 7 recorded that he appeared “with his Attorney”; the court calls that entry “obviously incorrect” and notes an order of October 10, 1939 amending the judgment to read “without an attorney.” The district court had found that he waived his right to counsel “with a full understanding of the implications thereof,” and denied the motion.

The Eighth Circuit concluded: “The order appealed from is affirmed.” The district court’s file is filed separately.