NELSON v. CALLAHAN

Nos. 83-1195, 83-1196.

721 F.2d 397 (1983)

Walter NELSON, Petitioner, Appellee, v. William F. CALLAHAN, Respondent, Appellant. Walter NELSON, Petitioner, Appellant, v. William F. CALLAHAN, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided November 14, 1983.


Attorney(s) appearing for the Case

Bernard Grossberg, Boston, Mass., by appointment of the Court, for petitioner, appellee.

Francis Robinson, Newton, Mass., with whom Francis X. Bellotti, Atty. Gen., Frederick R. Riley, Asst. Atty. Gen., Chief, Criminal Bureau, Barbara A.H. Smith, Asst. Atty. Gen., Chief, Criminal Appellate Division, and Michael B. Roitman, Asst. Atty. Gen., Boston, Mass., were on brief, for respondent, appellant.

Before BOWNES and BREYER, Circuit Judges, and SMITH, Senior District Judge.


BOWNES, Circuit Judge.

In this habeas corpus action, petitioner Walter Nelson challenges the constitutional validity of his 1956 criminal convictions in the Massachusetts courts on the grounds that his guilty pleas were involuntary. Nelson was indicted in February, 1956, by a Suffolk County grand jury for first degree murder, sodomy and assault with intent to commit rape. After observation at the State Hospital in Bridgewater, he was pronounced "feeble-minded" but...

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