John H. Chizen v. John J. Hunter

J. BLAINE ANDERSON, Circuit Judge:

John H. Chizen (Chizen) appeals the district court’s dismissal of his habeas corpus petition. In his petition, Chizen challenges the voluntariness of his nolo contendere plea to a state charge of misdemeanor child molesting. Because we find that Chizen’s plea was not voluntary, we reverse and remand to the state district court.

I. FACTS

Chizen, a physician, was charged with violating Cal.Pen.Code § 647(a) (child molesting) and Cal.Pen.Code § 272 (contributing to the delinquency of a minor). Chizen pleaded nolo contendere (“no contest”) to the child molesting…