Kenneth James Wells v. Walter Craven

Ninth Circuit

Kenneth James Wells v. Walter Craven

404 F.2d 745, 1968 U.S. App. LEXIS 4431

Court of Appeals for the Ninth Circuit·Decided December 19, 1968·No. 22745·Published·Cited by 1 cases

Opinion

ORDER

PER CURIAM.

This is an appeal from a final order denying a writ of habeas corpus on the pleadings. We think one of appellant’s contentions raised factual issues which cannot be resolved without an evi-dentiary hearing, namely, that a guilty plea was entered on appellant’s behalf without knowledge on his part of the nature of the charge or the consequences of the plea. We cannot say that the record establishes conclusively that appellant’s allegations are untrue. Neither the lapse of time nor the apparent loss of the transcript of the arraignment is a sufficient ground for denying a hearing.

Reversed and remanded.

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ORDER

PER CURIAM.

This is an appeal from a final order denying a writ of habeas corpus on the pleadings. We think one of appellant’s contentions raised factual issues which cannot be resolved without an evi-dentiary hearing, namely, that a guilty plea was entered on appellant’s behalf without knowledge on his part of the nature of the charge or the consequences of the plea. We cannot say that the record establishes conclusively that appellant’s allegations are untrue. Neither the lapse of time nor the apparent loss of the transcript of the arraignment is a sufficient ground for denying a hearing.

Reversed and remanded.

Kenneth James Wells v. Walter Craven, 404 F.2d 745, 1968 U.S. App. LEXIS 4431 (9th Cir. 1968).

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Opinion

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