Cleveland Hollingshead v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Our per curiam opinion dated March 12, 1970, is withdrawn and the following corrected opinion is substituted therefor:

Hollingshead filed a petition for writ of habeas corpus in the district court below. 1 The petition was denied without a hearing. The district court did not have the record of the trial court before it when it denied Hollingshead’s petition. 2 We remand for further findings. Townsend v. Sain, 1963, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770.

It is now a rubric in the expansive and expanding field of habeas corpus law that a federal district court is required to conduct a hearing…