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GLADDEN v. HOLLAND

No. 20623.

366 F.2d 580 (1966)

Clarence T. GLADDEN, Warden Oregon State Penitentiary, Appellant, v. Paul Courter HOLLAND, Appellee.

United States Court of Appeals Ninth Circuit.

August 29, 1966.

Attorney(s) appearing for the Case

Robert Y. Thornton, Atty. Gen. of Or., Wayne M. Thompson, Asst. Atty. Gen., Salem, Or., John J. Pickett, Sp. Asst. Atty. Gen., Coquille, Or., for appellant.

M. Chapin Milbank, Brown, Schlegel, Bennett & Milbank, Salem, Or., Arden E. Shenker, Tooze, Powers, Kerr, Tooze & Peterson, Portland, Or., for appellee.

Before HAMLEY, BROWNING and DUNIWAY, Circuit Judges.

HAMLEY, Circuit Judge:

Paul Courter Holland, in Oregon state penal custody under a twenty-year sentence following his 1960 conviction on a charge of rape, applied to the district court for a writ of habeas corpus. He alleged that his plea of guilty was not voluntary because it was tainted by an immediately preceding involuntary confession. The district court, after a hearing, found that Holland's plea of guilty was vitiated by a coerced confession. The court denied...

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