Carroll E. Wade v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

U.S. Court of Appeals for the Fifth Circuit
Carroll E. Wade v. Louie L. Wainwright, Director, Division of Corrections, State of Florida, 387 F.2d 386 (5th Cir. 1967)
1967 U.S. App. LEXIS 4165

Carroll E. Wade v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Opinion

PER CURIAM:

The record reveals that this habeas corpus applicant, presently serving a fifteen year sentence imposed by the State of Florida on August 5, 1965, has never received an evidentiary hearing in either state or federal courts on his contention that his plea of guilty was not voluntary, but was induced by threats and unkept promises. The allegations are sufficient to require such a hearing. Townsend v. Sain (1963), 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770; Waley v. Johnston (1942), 316 U.S. 101, 62 S.Ct. 964, 86 L.Ed. 1302; Carpenter v. Wainwright, 5 Cir., 1967, 372 F.2d 940; Broxson v. Wainwright, 5 Cir., 1967, 372 F.2d 944; Murphy v. Wainwright, 5 Cir., 1967, 372 F.2d 942. The decision of the district court which denied this petition for a writ of habeas corpus without holding *387 an evidentiary hearing is hereby reversed and the cause is remanded for a hearing on the issue of whether appellant’s plea of guilty was understandingly and voluntarily made.

Reversed.

Reference

Full Case Name
Carroll E. WADE, Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Appellee
Cited By
2 cases
Status
Published