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McKENZIE v. WAINWRIGHT

No. 80-5022.

632 F.2d 649 (1980)

Melvin McKENZIE, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary of the Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

December 11, 1980.

Attorney(s) appearing for the Case

Mark C. Menser, Fort Lauderdale, Fla. (Court-appointed), for petitioner-appellant.

Jim Smith, Atty. Gen., Tallahassee, Fla., Steven R. Jacob, Asst. Atty. Gen., Miami, Fla., for respondent-appellee.

Before HILL, KRAVITCH and HATCHETT, Circuit Judges.

KRAVITCH, Circuit Judge.

Appellant Melvin McKenzie appeals from the district court's denial of his petition for habeas corpus without affording him an evidentiary hearing. The issue before us is whether appellant, who alleges in his habeas petition that his plea bargain was dishonored, is entitled to such a hearing under Blackledge v. Allison, 431 U.S. 63, 97 S.Ct. 1621, 52 L.Ed.2d 136 (1977). We decide that under the circumstances...

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