U.S. Court of Appeals for the Ninth Circuit, 1969

James Earl Hardee v. Louis S. Nelson, Warden, California State Prison at San Quentin

U.S. Court of Appeals for the Ninth Circuit · Decided April 9, 1969 · Merrill, Ely, Hufstedler

407 F.2d 1315 (Federal Reporter, Second Series)

Counsel

James Earl Hardee, for appellant., Thomas C. Lynch, Atty. Gen., Deraid E. Granberg, Charles R. B. Kirk, Deputy Attys. Gen., San Francisco, Cal., for appellee.

Cases that cite this one

1 later published case cites this decision.

George X. Ramseur v. United States (6th Cir. 1970)

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

PER CURIAM:

Appellant alleges facts in support of his contentions: (1) that his confession was coerced;' and (2) that his guilty plea was induced by the confession. These allegations are quite different from those on which his earlier petition was based and entitle him to a hearing under Doran v. Wilson, 369 F.2d 505 (9th Cir. 1966).

The sufficiency of appellant’s allegations respecting the adequacy of his representation by counsel presents a close question. Since those allegations are closely related to his contentions respecting his plea we feel that the scope of his hearing should include them as well.

Reversed and remanded for hearing.

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