Joseph Scheer v. Wayne K. Patterson, Warden, Colorado State Penitentiary

HILL, Circuit Judge.

This appeal is from the order denying appellant’s petition for a writ of habeas corpus after an evidentiary hearing. Appellant, in state custody, seeks habeas corpus relief on the grounds that his guilty plea to a charge of first degree murder was not voluntary.

Under undisputed facts appellant Scheer is serving a life sentence in the Colorado State Penitentiary which was imposed after he entered a plea of guilty to the first degree murder of an off-duty policeman. The murder occurred during an attempted robbery of a Denver tavern by three armed and masked men.…