CARROLL E. WADE, APPELLANT,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, STATE OF FLORIDA, APPELLEE
CARROLL E. WADE, APPELLANT,
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, STATE OF FLORIDA, APPELLEE
387 F.2d 386
Court of Appeals for the Fifth Circuit (1967)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM:
The record reveals that this habeas corpus applicant, presently serving a fifteen year sentence imposed by the State of Florida on August 5, 1965, has never received an evidentiary hearing in either state or federal courts on his contention that his plea of guilty was not voluntary, but was induced by threats and unkept promises. The allegations are sufficient to require such a hearing. Townsend v. Sain (1963), 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770; Waley v. Johnston (1942), 316 U.S. 101, 62 S.Ct. 964, 86 L.Ed. 1302; Carpenter v. Wainwright, 5 Cir., 1967, 372 F. 2d 940; Broxson v. Wainwright, 5 Cir., 1967, 372 F. 2d 944; Murphy v. Wainwright, 5 Cir., 1967, 372 F. 2d 942. The decision of the district court which denied this petition for a writ of habeas corpus without holding an evidentiary hearing is hereby reversed and the cause is remanded for a hearing on the issue of whether appellant’s plea of guilty was understandingly and voluntarily made.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Phelper v. Decker, 401 F.2d 232 (5th Cir. 1968)
-
Carroll E. Wade v. Louie L. Wainwright, 420 F.2d 898 (5th Cir. 1969)
Authorities Cited
- Townsend v. Sain, 372 U.S. 293 (U.S. 1963)
- Waley v. Johnston, 316 U.S. 101 (U.S. 1942)
- Carpenter v. Louie L. Wainwright, 372 F.2d 940 (5th Cir. 1967)
- Broxson v. Louie L. Wainwright, 372 F.2d 944 (5th Cir. 1967)
- Murphy v. Louie L. Wainwright, 372 F.2d 942 (5th Cir. 1967)