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ST. PIERRE v. HELGEMOE

No. 76-1384.

545 F.2d 1306 (1976)

Jimmy J. ST. PIERRE, Plaintiff, Appellant, v. Raymond J. HELGEMOE, Warden, New Hampshire State Prison, Defendant, Appellee.

United States Court of Appeals, First Circuit.

December 16, 1976.

Attorney(s) appearing for the Case

Carroll F. Jones, Concord, N.H., with whom McSwiney, Jones & Semple, Concord, N.H., was on brief, for plaintiff-appellant.

James L. Kruse, Asst. Atty. Gen., Concord, N.H., with whom David H. Souter, Atty. Gen., and Richard B. Michaud, Atty., Concord, N.H., were on brief, for defendant-appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and GIGNOUX, District Judge.

COFFIN, Chief Judge.

After an indictment for first degree murder, petitioner pleaded guilty in 1968 to murder in the second degree. Nothing in the record shows whether petitioner knew that second degree murder involves a particular mens rea. Petitioner, a state prisoner, has attacked his guilty plea as involuntary and unintelligent. He relies on the recent Supreme Court decision in Henderson v. Morgan, 426 U.S. 637, 96...

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