Pines v. State

I respectfully dissent.

In Walker v. Johnston, 312 U.S. 275, 284, 61 S.Ct. 574, 578, 85 L.Ed. 830, 835 (1941) the Supreme Court of the United States enunciated the mandatory rule that a habeas corpus petitioner, seeking to vacate and set aside his conviction after a guilty plea, may be denied an evidentiary hearing only where the allegations of his petition, even though they be improbable and unbelievable, are refuted by the court record or they show no cause for granting relief. Within four years Walker was referred to as a cause of the deluge of habe-as corpus petitions filed in federal…