SALKAY v. WAINWRIGHT

No. 76-1620.

552 F.2d 151 (1977)

Alex SALKAY, Jr., Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Department of Offender Rehabilitation, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 16, 1977.


Attorney(s) appearing for the Case

Theodore Klein, Miami, Fla. (Court-appointed), for petitioner-appellant.

Anthony C. Musto, Asst. Atty. Gen., Miami, Fla., Robert L. Shevin, Atty. Gen. of Fla., Tallahassee, Fla., for respondent-appellee.

Before GOLDBERG and TJOFLAT, Circuit Judges, and WYATT, District Judge.


TJOFLAT, Circuit Judge:

In this case, the appellant Salkay seeks to reverse an order by the district court denying his habeas corpus petition without an evidentiary hearing. We vacate the lower court's order and remand the case for two reasons: first, because we feel that the current state of the record requires that an evidentiary hearing be held; and second, because we feel that the district court erred in concluding that Salkay's nolo contendere plea effectively...

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