STEM v. TURNER

No. 10734.

370 F.2d 895 (1966)

Thomas STEM, Appellant, v. Robert TURNER, Warden, Successor to K. B. Bailey, Central Prison, Raleigh, North Carolina, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 9, 1966.


Attorney(s) appearing for the Case

Matthew S. Watson, Washington, D. C., Court-assigned counsel (Strasser, Spiegelberg, Fried, Frank & Kampelman, Washington, D. C., on brief), for appellant.

Ralph A. White, Jr., Asst. Atty. Gen. of N. C. (T. W. Bruton, Atty. Gen. of N. C., and Theodore C. Brown, Jr., Staff Atty., for the State of North Carolina, Raleigh, N. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and WINTER, Circuit Judges.


WINTER, Circuit Judge:

Habeas corpus relief was denied by the district judge, without hearing, but after obtaining most of the records of appellant's trial and appellant's attempts at state post-conviction relief. Because we think the district judge should have granted a plenary hearing, we will vacate the judgment and remand the case for further proceedings, in accordance with the views expressed herein.

Upon his plea of not guilty, appellant was convicted...

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