State Ex Rel. Roy v. Tahash

Rogosheske, Justice.

This case and four other cases decided today 1 all raise the question of the necessity of a plenary evidentiary hearing in a habeas corpus proceedings which under our recent decisions has been enlarged in scope and made available to state prisoners as a transitional postconviction remedy for the hearing of alleged violations of fundamental rights.

In all of the cases reviewed the petitions for the writ were filed after the time to appeal from the judgment of conviction had lapsed. In all save one — where there was a trial — the judgments of conviction followed pleas of…