Carroll E. Wade v. Louie L. Wainwright, Director, Division of Corrections, State of Florida
Cases that cite this one
2 later published cases cite this decision.
- Carroll E. Wade v. Louie L. Wainwright, Director, Division of Corrections, State of Florida (5th Cir. 1969)
- Ben Herbert Phelper v. Bill Decker, Sheriff of Dallas County, Texas (5th Cir. 1968)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.