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SAILER v. GUNN

No. 75-2087.

548 F.2d 271 (1977)

Kenneth SAILER, Petitioner-Appellee, v. J. B. GUNN, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

January 6, 1977.

Attorney(s) appearing for the Case

Shuni Asari, Deputy Atty. Gen. of California, Los Angeles, Cal., for respondent-appellant.

John K. Van De Kamp, Federal Public Defender, Los Angeles, Cal. for petitioner-appellee.

Before MERRILL, CHOY and GOODWIN, Circuit Judges.

MERRILL, Circuit Judge:

Submission was deferred in this case pending our decision in de Kaplany v. Enomoto, 540 F.2d 975 (9th Cir. 1976) (en banc). The district court granted Kenneth Sailer's petition for a writ of habeas corpus on the grounds that the state court improperly failed: (1) to hold a competency hearing; (2) to hold a hearing on the voluntariness of a guilty plea or allow it to be withdrawn; and (3) to revoke Sailer...

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