STREETS v. WAINWRIGHT

No. 28604.

436 F.2d 962 (1970)

Charles Lee STREETS, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Florida Division of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 11, 1970.


Attorney(s) appearing for the Case

George D. Gold, Miami, Fla., for petitioner-appellant.

Earl Faircloth, Atty. Gen., of Florida, Tallahassee, Fla., Harold Mendelow, Melvin Grossman, Asst. Attys. Gen., Miami, Fla., for respondent-appellee.

Before BROWN, Chief Judge, WISDOM and MORGAN, Circuit Judges.


LEWIS R. MORGAN, Circuit Judge:

This appeal raises the issue of whether appellant's plea of guilty was entered voluntarily.

In 1957 Charlie Lee Streets was charged with forcible rape. Initially Streets pled not guilty by reason of insanity, but prior to the trial the plea was changed to guilty, resulting in a 99 year sentence by the state trial judge. In 1969, pursuant to an order from this court,1 the district judge held an evidentiary...

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