CARPENTER v. WAINWRIGHT

No. 24026.

372 F.2d 940 (1967)

Ray Black CARPENTER, Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Appellee.

United States Court of Appeals Fifth Circuit.

February 2, 1967.


Attorney(s) appearing for the Case

Ray Black Carpenter, in pro. per.

George R. Georgieff, Asst. Atty. Gen., Earl Faircloth, Atty. Gen., Tallahassee, Fla., for appellee.

Before TUTTLE, Chief Judge, and BELL and GOLDBERG, Circuit Judges.


GRIFFIN B. BELL, Circuit Judge:

This appeal is from the denial of a petition for writ of habeas corpus without a hearing and without answer from the respondent. It is conceded that state remedies had been exhausted and the denial was on the merits. The issue presented is whether the allegations of the petition were such as to require a hearing on the issue of whether appellant's plea of guilty to rape was coerced. We reverse.

A plea of guilty, if voluntarily...

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