Gilbert Henry v. Hayden J. Dees, Warden

POLITZ, Circuit Judge:

Gilbert Henry, a twenty year old marginally mental retardate, 1 was charged in Louisiana state court with armed robbery. 2 On the day of trial Henry and his attorney reached an agreement with the prosecutor. Their compact provided that Henry would submit to a polygraph examination. Should it be concluded that he was truthful in denying criminal involvement, the district attorney would submit the case nolle prosequi ; however, if Henry “failed” the examination he would plead guilty. During the administration of the polygraph test, before its completion and outside the…