Emmett Hickerson v. Ross Maggio, Jr., Warden, and Attorney General of the State of Louisiana

Emmett Hickerson appeals from the denial of his habeas corpus petition after the district court considered only the state court record and the pleadings. Concluding that Hickerson is entitled to an evidentiary hearing on the factual question whether the state judge pronouncing sentence exercised the discretion given him by state law, we reverse.

I

After a bench trial in a Louisiana court, Hickerson was convicted of distribution of heroin in violation of La.Rev.Stat.Ann. § 40:966 (West 1972). 1 The trial judge sen tenced him to life imprisonment. The Louisiana Supreme Court affirmed the…