John A. Lassiter v. R. L. Turner, Warden, Central Prison

WINTER, Circuit Judge:

This appeal raises the question of whether a prosecutor’s threat to revive a related prosecution, nolle prossed five years before, deprives a guilty plea of its voluntary character where the plea was substantially motivated by the threat. The district judge concluded that the voluntariness of the plea was unaffected, and he refused habeas corpus. We conclude to the contrary and direct that the writ issue.

*899—I—

Upon his plea of guilty, John A. Lassiter was convicted of armed robbery at the April, 1960, Term of the Superior Court of Hertford County, North Carolina. He was…