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ALLARD v. HELGEMOE

No. 77-1312.

572 F.2d 1 (1978)

Donald A. ALLARD, Petitioner, Appellant, v. Raymond A. HELGEMOE et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided March 3, 1978.

Attorney(s) appearing for the Case

Eleanor Krasnow, Manchester, N. H., by appointment of the court, for petitioner, appellant.

Richard B. Michaud, Asst. Atty. Gen., Concord, N. H., with whom David H. Souter, Atty. Gen., and Richard B. McNamara, Asst. Atty. Gen., Concord, N. H., were on brief for respondents, appellees.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

Petitioner was indicted and charged with the crime of burglary and pleaded guilty to that offense in February, 1974. He was advised by experienced counsel at the time he entered his plea. At the proceeding petitioner signed an "Acknowledgement of Rights", but the trial judge did not explain the elements of the offense of burglary to him nor did his attorney indicate that he had thoroughly discussed the charge with the defendant. After the plea...

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