TYLER v. SWENSON

No. 20090.

427 F.2d 412 (1970)

Billy Joe TYLER, Appellant, v. Harold R. SWENSON, Warden, Missouri State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

June 12, 1970.


Attorney(s) appearing for the Case

Billy Joe Tyler, pro se.

John C. Danforth, Atty. Gen., Jefferson City, Mo., and Dale L. Rollings, Asst. Atty. Gen., on brief for appellee.

Before MATTHES, LAY and HEANEY, Circuit Judges.


LAY, Circuit Judge.

Appeal is made from the denial of a petition for a writ of habeas corpus under 28 U.S.C.A. § 2254 by the district court. The narrow issue upon appeal is whether the federal district court committed error in accepting the determination and findings of the state court and in otherwise refusing an evidentiary hearing to petitioner.

The facts may be briefly set out. On March 15, 1965, petitioner, contrary to advice of his counsel, pleaded...

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