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UNITED STATES EX REL. WILLIAMS v. FOLLETTE

No. 48, Docket 30964.

408 F.2d 658 (1969)

UNITED STATES of America ex rel. McKinley WILLIAMS, Petitioner-Appellant, v. Hon. Harold W. FOLLETTE, Warden of Green Haven State Prison, Stormville, N. Y., Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided March 20, 1969.

Attorney(s) appearing for the Case

Gretchen White Oberman, New York City (Anthony F. Marra, New York City, on the brief), for petitioner-appellant.

Murray Sylvester, Asst. Atty. Gen., State of New York (Louis J. Lefkowitz, Atty. Gen., and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and SMITH and ANDERSON, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal by McKinley Williams from an order of the United States District Court for the Southern District of New York, Thomas F. Croake, J., denying, without a hearing, his application for a writ of habeas corpus. Reversed and remanded for a hearing to determine the voluntariness of Williams' guilty plea.

On January 23, 1956, Mabel Cummings was held up with a toy pistol, raped...

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