Dennis D. Salesky v. State of Florida

In this 28 U.S.C.A. § 2254 action, petitioner alleges that he did not “knowingly and intelligently” waive counsel. Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938). The District Court, relying on the record before it, held that the waiver was effective. Finding an unresolved conflict regarding petitioner’s pre-trial hearing remarks, we vacate and remand for an evi-dentiary hearing.

Petitioner was convicted upon his trial by jury in a Florida court of two counts of breaking and entering. Aff’d Salesky v. State, 256 So.2d 250 (Fla.App.1972). At trial, petitioner alleged that…