U.S. Court of Appeals for the Fifth Circuit, 1967

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

Carroll E. Wade v. Louie L. Wainwright, Director, Division of Corrections, State of Florida
U.S. Court of Appeals for the Fifth Circuit · Decided December 14, 1967 · Coleman, Simpson, Dawkins
387 F.2d 386; 1967 U.S. App. LEXIS 4165 (Federal Reporter, Second Series)

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.

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