Willie C. Coleman v. Lawrence E. Wilson, Warden, Etc.

Ninth Circuit

Willie C. Coleman v. Lawrence E. Wilson, Warden, Etc.

401 F.2d 536

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 27, 1969

Docket22069_1

StatusPublished

Cited by10 cases

This text of 401 F.2d 536 (Willie C. Coleman v. Lawrence E. Wilson, Warden, Etc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Willie C. Coleman v. Lawrence E. Wilson, Warden, Etc., 401 F.2d 536 (9th Cir. 1969).

Pincite

Opinion

PER CURIAM:

The district court dismissed without a hearing a petition for habeas corpus alleging that appellant’s guilty plea was not voluntarily and knowingly made, but was the product of (1) promises of probation, (2) fear of the death penalty, (3) threatened withdrawal of counsel on the eve of trial, and (4) appellant’s ignorance of the consequences of his plea.

Since the first ground has not been presented to the state courts, we do not consider it. As to the second ground, we agree with the district court that the record conclusively establishes it to be without merit.

We conclude, however, that the district court erred in rejecting the third and fourth grounds on the pleadings. The conflict between allegations made by appellant in his petition and the statements made by appellant’s counsel in the affidavit filed by the State could not be resolved against appellant without an evi-dentiary hearing. Machibroda v. United States, 368 U.S. 487, 494, 496, 82 S.Ct. 510, 7 L.Ed.2d 473 (1962); Wright v. Dickson, 336 F.2d 878, 882-883 (9th Cir. 1964).

Reversed and remanded for further proceedings.

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