Holmes v. Gagnon
Holmes v. Gagnon
Opinion of the Court
ORDER
The petitioner was convicted by a state court on February 23, 1970, of armed robbery in violation of §§ 939.05 and 943.32(1) (b), Wis.Stats. (1967), and he was sentenced to an indeterminate term of not more than five years. An order has been entered authorizing Mr. Holmes to proceed in forma pauper-is.
Mr. Holmes challenges his conviction on the basis of the use of an unlawful line-up procedure at the time of a second arrest in Elkhorn, Wisconsin; this arrest followed, by about a month, an arrest in Fort Atkinson, Wisconsin, at which time photographs were taken of the petitioner. He also challenges his conviction on the basis that his plea of guilty to the armed robbery charge was coerced. Finally, in a reply to the respondent’s return, the petitioner charges that he was denied counsel at the time of his arrest in Fort Atkinson.
Mr. Holmes contends only that He was induced to change his plea on the basis of a “deal” made between his counsel and the district attorney. The unpublished opinion of the state supreme court denying Mr. Holmes’ petition for a writ of habeas corpus makes it clear, however, that the trial judge carefully questioned the petitioner in an attempt to establish the voluntariness of the plea, according to the standards of McCarthy v. United States, 394 U.S. 459, 89 S.Ct. 1166, 22 L.Ed.2d 418 (1969), made applicable to the states by Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). See Ernst v. State, 43 Wis.2d 661, 170 N.W.2d 713 (1969). The eonclusory allegation that the plea was involuntary must fail in light of facts tending to establish a voluntary choice made with the assistance of counsel.
Therefore, it is ordered that the petition for a writ of habeas corpus be and hereby is denied.
Reference
- Full Case Name
- Rodger F. HOLMES v. John R. GAGNON, Warden
- Status
- Published