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

387 F.2d 386, 1967 U.S. App. LEXIS 4165

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 14, 1967
• Docket: 25138
• Status: Published

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 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.