VANATER v. BOLES

No. 10726.

377 F.2d 898 (1967)

Mickey E. VANATER, Appellant, v. Otto C. BOLES, Warden of the West Virginia State Penitentiary, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 24, 1967.


Attorney(s) appearing for the Case

John D. Phillips, Jr., Wheeling, W. Va. (Court-assigned counsel), for appellant.

Leo Catsonis, Asst. Atty. Gen. of W. Va. (C. Donald Robertson, Atty. Gen. of W. Va., and Morton I. Taber, Asst. Atty. Gen. of W. Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BOREMAN and CRAVEN, Circuit Judges.


CRAVEN, Circuit Judge.

Six years after being sentenced to life imprisonment as a recidivist, it occurred to West Virginia state prisoner Mickey E. Vanater that he had been wrongfully "induced" to plead guilty to a third felony upon which the recidivist conviction rested.1 Denied post-conviction relief in the West Virginia Supreme Court, Vanater filed a petition for a writ of habeas corpus in the United States District Court, and that court...

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