Tyler v. Swenson
| Citation | 382 F. Supp. 1028 |
| Decision Date | 27 September 1974 |
| Docket Number | No. 73 C 636 (3).,73 C 636 (3). |
| Parties | Melvin Leroy TYLER, Petitioner, v. Harold R. SWENSON, Warden, Respondent. |
| Court | U.S. District Court — Eastern District of Missouri |
Petitioner, pro se.
John C. Danforth, Atty. Gen., of Missouri, Neil MacFarlane, Asst. Atty. Gen., for respondent.
This matter is before the Court upon Petitioner's action under the Federal Habeas Corpus Statutes, 28 U.S.C. § 2241 et seq. Petitioner is seeking to have two 1964 guilty pleas set aside on the grounds that said pleas were coerced, and therefore, involuntary, because: (1) the charges were made under the Habitual Criminal Act; (2) the prosecutor threatened that petitioner would be sentenced to fifty (50) years if he did not plead guilty; and (3) the guilty pleas did not comply with Missouri Supreme Court Rule 25.04, V.A.M. R.
Petitioner's reason for seeking the overturning of these convictions is that the convictions were used as evidence for sentencing petitioner under the Habitual Criminal Act of Missouri upon petitioner's conviction by a jury in April of 1969 of assault with intent to kill. If this petition were to be granted plaintiff would be entitled to a resentencing upon the 1969 assault with intent to kill conviction.
On February 19, 1974 with petitioner and his counsel present this Court held an evidentiary hearing concerning petitioner's writ. After careful review of the record and the briefs filed by both parties to this action, this Court being fully apprised of the premises makes the following findings of fact and conclusions of law.
In 1969 petitioner was convicted of assault with intent to kill on the grounds that he and a companion had fired upon a police vehicle and the policeman in it as they were being pursued by the policeman.
Since petitioner was charged under the Habitual Criminal Act, the Judge, and not the jury, sentenced petitioner in the 1969 conviction. On page 112 of Exhibit B of respondent's memoranda the following quote from the Court which sentenced petitioner in 1969 states as follows:
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State v. Cooper, 10173
...496 S.W.2d 793 (Mo.1973); Tyler v. State, 501 S.W.2d 189 (Mo.App.1973); Tyler v. Swenson, 440 F.2d 621 (8th Cir. 1973); Tyler v. Swenson, 382 F.Supp. 1028 (E.D.Mo.1974), aff'd 527 F.2d 876 (8th Cir. 1976); Tyler v. Swenson, 527 F.2d 877 (8th Cir. 1976); Tyler v. Wyrick, 405 F.Supp. 779 (E.D......
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Tyler v. Swenson, 75--1453
...that the state trial court did not utilize the 1964 convictions to enhance the 1969 sentence of the petitioner. See Tyler v. Swenson, 382 F.Supp. 1028, 1029 (E.D.Mo.1974). At no time in the 1969 sentencing proceedings did the court expressly mention the 1964 The record does not reveal any e......