Beady v. Calloway

This post-conviction proceeding challenges the validity of petitioner’s plea of guilty to the crime of possession of dangerous drugs and resulting judgment of seven years’ imprisonment. She had no prior record. No appeal was taken therefrom. The post-conviction court, after a hearing, concluded she was denied due process of law under the Fourteenth Amendment because the trial judge on his own motion did not hold a hearing regarding her capacity to enter a knowing and voluntary plea when he knew or should have known of a substantial question regarding her competency.① The court entered an…