409 F.2d 21 (6th Cir. 1969), 19033, Conner v. Wingo
| Date | 15 April 1969 |
| Citation | 409 F.2d 21 |
| Docket Number | 19033. |
| Parties | William Ronald CONNER, Petitioner-Appellant, v. John W. WINGO, Warden, Kentucky State Penitentiary, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
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Application for habeas corpus would be remanded with instructions for district judge to require counsel for petitioner to produce and file with the court a transcript of the evidence and procedure at hearing before state court judge together with any other pertinent parts of the record in the state court, at which time district judge should reconsider his decision dismissing the petition in the light of such records and, as an alternative to requiring records to be produced, district judge should hold a hearing.
Livingston Hall, Cambridge, Mass., for appellant.
John B. Breckinridge, Atty. Gen., George F. Rabe, Asst. Atty. Gen., Commonwealth of Kentucky, Frankfort, Ky., for appellee.
Before PHILLIPS and EDWARDS, Circuit Judges, and CECIL, Senior Circuit judge.
PER CURIAM.
This is an appeal by William Ronald Conner, petitioner-appellant, from an order of the United States District Court for the Western District of Kentucky at Paducah, denying his petition for a writ of habeas corpus. Conner was convicted on a charge of armed robbery in the Calloway County, Kentucky Circuit Court and sentenced to life imprisonment.
After exhausting his remedies in the Kentucky courts he petitioned the District
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Court for a writ of habeas corpus. The district judge dismissed the petition without a hearing and the sole question before this Court is whether the district judge erred in not conducting a plenary hearing.
A judge of the Calloway Circuit Court did conduct an evidentiary hearing, at which appellant was present, on a motion of the appellant under Kentucky law to vacate the judgment of conviction. From this evidence the state trial judge made an extensive finding of facts and concluded as a matter of law that the appellant was not deprived of due process or any other constitutional right and that his conviction and life sentence were valid. These findings and conclusions, but without a transcript of the evidence upon which they were based, were before the district judge. The district judge said:
'All relevant facts are set forth in the two cited opinions of the Court of Appeals of Kentucky and in the detailed findings of fact and conclusions of law of the trial court where his...
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