Leonard Melvin Weisser v. Dr. P. J. Ciccone

WEBSTER, Circuit Judge

(concurring).

I concur in the result. I adhere to my view, previously expressed in Sappington v. *105United States, 523 F.2d 858 (8th Cir. 1975) (Webster, J., concurring), that post-conviction claims which are based upon failure to comply with Rule 11 should be limited to those situations in which “the claimed error of law was ‘a fundamental defect which inherently results in a complete miscarriage of justice,’ and * * * '[i]t * * * presents] exceptional circumstances where the need for the remedy afforded by the writ of habeas corpus is apparent.’ ” Davis v. United States, 417 U.S. 333, 346, 94 S.Ct. 2298, 2305, 41 L.Ed.2d 109, 119 (1974) (quoting from Hill v. United States, 368 U.S. 424, 428, 82 S.Ct. 468, 471, 7 L.Ed.2d 417, 421 (1962)). See Houser v. United States, 508 F.2d 509, 512-13 (8th Cir. 1974). This is not such a case.