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SMITH v. FREEMAN

No. 88-1925.

892 F.2d 331 (1989)

SMITH, Jerry Lee, Appellant, v. FREEMAN, Robert F., Superintendent; and the Attorney General of the State of Pennsylvania: Leroy Zimmerman and the District Attorney of Montgomery County.

United States Court of Appeals, Third Circuit.

Decided December 29, 1989.

Attorney(s) appearing for the Case

Michael J. Kelly (argued), Defender Ass'n of Philadelphia, Federal Court Div., Philadelphia, Pa., for appellant.

James W. Steark (argued), Asst. Dist. Atty., Norristown, Pa., for appellees.

Before BECKER, COWEN and WEIS, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal arises from an order of the district court denying appellant Jerry L. Smith ("Smith") a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1982). Because we conclude that Smith was not afforded a full and fair evidentiary hearing in state court on his claim that his guilty plea was involuntary due to mental incompetence, we will vacate the order of the district court denying the writ of habeas...

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