John David Stumpf v. Betty Mitchell, Warden

The court has reversed the district court’s denial of a writ of habeas corpus on two grounds: that Stumpfs guilty plea was involuntary and unknowing, and that his due process rights in his own trial and sentencing were violated by the state’s later use of evidence against another person. I disagree with both of these conclusions, and therefore respectfully dissent from the granting of the writ of habeas corpus.

I

I begin with the second of the court’s two grounds, as I believe that is the more profoundly mistaken. The majority cites three cases from other circuits to buttress its theory that…