Kenneth Sailer v. J. B. Gunn

MERRILL, Circuit Judge:

Submission was deferred in this case pending our decision in de Kaplany v. Enomoto, 540 F.2d 975 (9th Cir. 1976) (en banc). The district court granted Kenneth Sailer’s petition for a writ of habeas corpus on the grounds that the state court improperly failed: (1) to hold a competency hearing; (2) to hold a hearing on the voluntariness of a guilty plea or allow it to be withdrawn; and (3) to revoke Sailer’s probation in a manner consistent with due process. Relying largely on authority handed down since the judgment of the district court was rendered, we find that none…