John Robert Harrell v. United States

In my opinion, the District Court’s denial of petitioner’s April 1966 motion under Section 2255 of the Judicial Code (28 USC § 2255) was improper. Under that Section, a hearing is required “unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief” (italics supplied).

Machibroda v. United States, 368 U.S. 487, 496, 82 S.Ct. 510, the leading case, admonishes that a hearing is required even though a petitioner’s assertions are “improbable”, if they are not clearly “incredible”. Here the petitioner’s April 1966 motion, supported by his,…