United States ex rel. Baker v. Follette

WEINFELD, District Judge.

The petitioner, imprisoned under a state court judgment of conviction entered upon his plea of guilty, seeks his release upon a claim that the plea was involuntarily entered in violation of his federal constitutional right to due process of law under the Fourteenth Amendment. However, the charge as here presented has never been submitted to the state courts.

Petitioner, when he appeared for re-sentencing (as a first instead of a second felony offender), moved to withdraw his plea of guilty on the ground that the probation officer who had interviewed him had failed to…