United States Ex Rel. Henry A. Rogers v. Frederick E. Adams, Warden of Connecticut State Prison

IRVING R. KAUFMAN, Circuit Judge:

On this collateral challenge to the voluntariness of Rogers’s state guilty plea, 28 U.S.C. § 2254, we are asked to apply retroactively the rule announced in Boy-kin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), that a state trial judge should not accept a plea of guilt “without an affirmative showing that it was intelligent and voluntary.” Id. at 242, 89 S.Ct. at 1711. We decline to do so.

The voluntary character of the plea in this ease is hardly any longer an issue. Rogers’s Connecticut habeas corpus petition, dated September 12, 1969, and…