Hilliard v. Beto

Following the panel’s decision in Hil-liard v. Beto, 5 Cir., 1972, 465 F.2d 829 the Court on its own motion took the case en banc. Upon further consideration the full Court remanded the case to the panel since even the most conservative reading of the factual allegations of petitioner’s § 2254 complaint shows that he is claiming to be the victim of a broken plea bargain, but there has been no factual hearing to determine whether this claim is -supported. Indeed there was not even so much as a show cause order which would have produced the Texas state court record including the proceedings on…