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ARMSTRONG v. EGELER

No. 77-1016.

563 F.2d 796 (1977)

James W. ARMSTRONG, Petitioner-Appellant, v. Charles E. EGELER, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 10, 1977.

Attorney(s) appearing for the Case

Gregory Drutchas, Kitch & Suhrheinrich, Richard R. DeNardis, Detroit, Mich., for petitioner-appellant.

Frank J. Kelley, Atty. Gen. of Mich., Robert A. Derengoski, Sol. Gen., Thomas L. Casey, Asst. Atty. Gen., Lansing, Mich., for respondent-appellee.

Before PHILLIPS, Chief Judge, and CELEBREZZE and ENGEL, Circuit Judges.

ENGEL, Circuit Judge.

In this appeal we are called upon to decide whether a plea of guilty to murder, otherwise voluntarily and intelligently made, must nonetheless be set aside as violative of the petitioner's rights to due process because the record of the plea is silent on whether the petitioner knew that the mandatory penalty of life imprisonment was not subject to parole. Upon the facts of this case, we hold that due...

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