SMALL v. STATE OF ARIZONA EX REL. EYMAN

No. 26076.

455 F.2d 456 (1972)

Waymond Gene SMALL, Petitioner-Appellant, v. STATE OF ARIZONA ex rel. Frank A. EYMAN, Warden, Arizona State Prison, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

February 15, 1972.


Attorney(s) appearing for the Case

Michael J. Kutsko, San Francisco, Cal., for petitioner-appellant.

Gary K. Nelson, Ariz. Atty. Gen., Roderic A. Dietz, William P. Dizon, Asst. Attys. Gen., Phoenix, Ariz., for respondents-appellees.

Before HAMLEY, ELY and TRASK, Circuit Judges.


PER CURIAM:

This appeal is from an order denying a petition for a writ of habeas corpus to an Arizona prisoner serving a term of from twelve years to fifteen years for robbery. The petitioner alleged that the guilty plea to the robbery charge was not intelligently made and that petitioner lacked the mental competence to properly understand the proceedings or assist his attorney in his own defense. He demanded an evidentiary hearing.

The district court ordered...

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