GLADDEN v. GIDLEY

No. 19176.

337 F.2d 575 (1964)

Clarence T. GLADDEN, Warden, Oregon State Penitentiary, Appellant, v. James W. S. GIDLEY, Appellee.

United States Court of Appeals Ninth Circuit.

October 14, 1964.


Attorney(s) appearing for the Case

Robert Y. Thornton, Atty. Gen. of Oregon, C. L. Marsters, Asst. Atty. Gen. of Oregon, Salem, Or., for appellant.

William J. Foley, Foley & Foley, San Jose, Cal., for appellee.

Before ORR, HAMLEY, and BROWNING, Circuit Judges.


BROWNING, Circuit Judge.

Appellee's petition for habeas corpus alleged that his plea of guilty was not a voluntary and understanding act, and that state court remedies had been exhausted. The district court issued orders to show cause, to which the State responded by producing the record of appellee's arraignment, sentencing, and post-conviction proceedings.

The district court granted the writ,1 holding that the transcript of the...

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