Application for a Writ of Habeas Corpus of Little v. Rhay

(concurring) — I am constrained to concur with Judge Mclnturff. The factual posture of the record requires this court to order an evidentiary hearing.

In Schiebelhut v. United States, 357 F.2d 743 (6th Cir. 1966) at 745 the court stated:

If the material available to the [trial judge] was limited to the pre-plea colloquy, the charges of . . . petition and the government’s opposing affidavits, and if petitioner’s charges had the required specificity, we would, . . . remand for the holding of a hearing. The record, however, contains more.

The record before us does not contain “more.” I am advised…