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Kenneth James Wells v. Walter Craven

Kenneth James WELLS, Appellant, v. Walter CRAVEN, Appellee

Wells v. Craven, 404 F.2d 745 (9th Cir. 1968)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
December 19, 1968
Docket
No. 22745
Judges
Browning, Duniway, Hufstedler, Per Curiam
Citations
404 F.2d 7451968 U.S. App. LEXIS 4431

Opinion — Per Curiam

ORDER PER CURIAM.

This is an appeal from a final order denying a writ of habeas corpus on the pleadings. We think one of appellant’s contentions raised factual issues which cannot be resolved without an evi-dentiary hearing, namely, that a guilty plea was entered on appellant’s behalf without knowledge on his part of the nature of the charge or the consequences of the plea. We cannot say that the record establishes conclusively that appellant’s allegations are untrue. Neither the lapse of time nor the apparent loss of the transcript of the arraignment is a sufficient ground for denying a hearing.

Reversed and remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1969: 119692026peak 1969 · 1

Relies on it most ⓘ

  1. United States of America v. Albert James Tweedy, Jr.419 F.2d 192 (9th Cir. 1969)

Most recent

  1. United States of America v. Albert James Tweedy, Jr.419 F.2d 192 (9th Cir. 1969)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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