Legal Opinion

Carroll E. Wade v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Court of Appeals for the Fifth Circuit

Decided December 14, 1967No. 25138PublishedCited by 2 opinions

1Per curiam

The record reveals that this habeas corpus applicant, presently serving a fifteen year sentence imposed by the State of Florida on August 5, 1965, has never received an evidentiary hearing in either state or federal courts on his contention that his plea of guilty was not voluntary, but was induced by threats and unkept promises. The allegations are sufficient to require such a hearing. Townsend v. Sain (1963), 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770; Waley v. Johnston (1942), 316 U.S. 101, 62 S.Ct. 964, 86 L.Ed. 1302; Carpenter v. Wainwright, 5 Cir., 1967, 372 F.2d 940; Broxson v.…

2Cases cited5 opinions

  1. Townsend v. SainSupreme Court of the United States · 1963
  2. Waley v. JohnstonSupreme Court of the United States · 1942
  3. Ray Black Carpenter v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1967
  4. Willard Broxson v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1967
  5. Frank Murphy v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1967

3Cited by2 opinions

  1. Ben Herbert Phelper v. Bill Decker, Sheriff of Dallas County, TexasCourt of Appeals for the Fifth Circuit · 1968
  2. Carroll E. Wade v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1969

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