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UNITED STATES EX REL. GENTILE v. MANCUSI

No. 649, Docket 33786.

426 F.2d 238 (1970)

UNITED STATES ex rel. Enrico GENTILE, Relator-Appellant, v. Vincent R. MANCUSI, Warden, Attica State Prison, Attica, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 13, 1970.

Attorney(s) appearing for the Case

Max Wild, New York City, for relator-appellant.

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

Before KAUFMAN and FEINBERG, Circuit Judges, and TIMBERS, District Judge.

TIMBERS, District Judge:

This appeal calls upon us to apply the principles of the Ross-Dash-Rosen trilogy1 to the denial of a state prisoner's habeas corpus petition. In doing so, we emphasize this Court's determination that petitions to set aside guilty pleas must strictly comply with the requirements (a) that there must be some evidentiary "spelling out" of the basic claim of a coerced plea and (b) that the precise claim presented...

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