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LASSITER v. TURNER

No. 12274.

423 F.2d 897 (1970)

John A. LASSITER, Appellant, v. R. L. TURNER, Warden, Central Prison, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 27, 1970.

Attorney(s) appearing for the Case

Martin N. Erwin, Greensboro, N.C. (Court-assigned counsel) [Smith, Moore, Smith, Schell & Hunter, Greensboro, N. C., on the brief], for appellant.

Dale Shepherd, Staff Atty., Raleigh, N.C. (Robert Morgan, Atty. Gen. of N.C. and Jacob L. Safron, Staff Atty., Raleigh, N.C., on the brief), for appellee.

Before BRYAN, WINTER and BUTZNER, Circuit Judges.

WINTER, Circuit Judge:

This appeal raises the question of whether a prosecutor's threat to revive a related prosecution, nolle prossed five years before, deprives a guilty plea of its voluntary character where the plea was substantially motivated by the threat. The district judge concluded that the voluntariness of the plea was unaffected, and he refused habeas corpus. We conclude to the contrary and direct that the writ issue.

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