Joseph Scheer v. Wayne K. Patterson, Warden, Colorado State Penitentiary
This text of 411 F.2d 811 (Joseph Scheer v. Wayne K. Patterson, Warden, Colorado State Penitentiary) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Petitioner, a state prisoner, alleged by application for writ of habeas corpus that he was incarcerated as the result of a forced and coerced plea of guilty to murder. The district court summarily denied and dismissed the petition, noting that such issue had been presented to the Colorado Supreme Court and had been decided adversely to the claims of petitioner. Stilley v. People, 160 Colo. 329, 417 P.2d 494. The opinion of the Colorado court and petitioner’s application for a writ constitute the entire record in this case and thus present the identical issue and error considered in Maes v. Patterson, 10 Cir., 401 F.2d 200.
The judgment of the district court is vacated and the case remanded for further consideration in view of Maes. Cf. Maxwell v. Turner, 10 Cir., 411 F.2d 805, and related eases this day decided.
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411 F.2d 811, 1969 U.S. App. LEXIS 12255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-scheer-v-wayne-k-patterson-warden-colorado-state-penitentiary-ca10-1969.