JOHNSON v. WILSON

No. 21219.

371 F.2d 911 (1967)

John N. JOHNSON, Appellant, v. Lawrence E. WILSON, Warden, Appellee.

United States Court of Appeals Ninth Circuit.

January 19, 1967.


Attorney(s) appearing for the Case

John N. Johnson, in pro. per.

Thomas C. Lynch, Atty. Gen. of California, Robert R. Granucci, James A. Aiello, Deputy Attys. Gen., San Francisco, Cal., for appellee.

Before MADDEN, Judge of the Court of Claims, and HAMLEY and BROWNING, Circuit Judges.


BROWNING, Circuit Judge:

The district court erred in dismissing appellant's petition for habeas corpus without an evidentiary hearing.

Appellant's petition and traverse sufficiently alleged (1) that his guilty plea was the product of a coerced confession and of evidence obtained by unlawful search and seizure; (2) that his guilty plea was itself coerced; and (3) that he did not have effective assistance of counsel in determining his plea. Doran v. Wilson,...

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