Aiken v. United States, 8098.

Citation282 F.2d 215
Decision Date09 September 1960
Docket NumberNo. 8098.,8098.
PartiesCarl Walter AIKEN, Appellant, v. UNITED STATES of America, Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (4th Circuit)

Carl Walter Aiken, pro se, on brief; Bruce J. Brown (Court-appointed counsel), Asheville, N. C., for appellant.

James E. Holshouser, U. S. Atty., and H. Vernon Hart, Asst. U. S. Atty., Greensboro, N. C., on the brief, for appellee.

Before SOBELOFF, Chief Judge, BOREMAN, Circuit Judge, and CHARLES F. PAUL, District Judge.

SOBELOFF, Chief Judge.

The appellant, Carl Walter Aiken, now serving a total sentence of twelve years upon conviction after guilty pleas to several indictments charging forgery of United States postal money orders, post office burglary and related offenses, filed a petition under section 2255 of Title 28 U.S.C.A. Prepared by a layman, without the assistance of counsel, the allegations of the petition were in certain respects not clear, and were largely conclusory without adequate recital of supporting details. The District Judge dismissed the petition without holding a hearing and without writing any opinion.

At the argument of the appeal the United States Attorney took the initiative in suggesting that in the interest of justice the defendant should have an opportunity to place before the court in proper form any facts supporting his contentions. We continued the case to afford the defendant, now represented by a court-appointed lawyer, such an opportunity, and we wish to commend the attitude of the United States Attorney. Substantial rights should not be made to depend upon the technical skill or lack of it of a layman uneducated in the law.

There has now been filed an affidavit of the defendant, which appears as an appendix to this opinion, setting forth in detail the circumstances under which he allegedly was induced to plead guilty and to refuse counsel. On their face these allegations raise serious constitutional questions as to the voluntariness and validity of the waiver of counsel and the waiver under Rule 20 of the Federal Rules of Criminal Procedure, 18 U.S. C.A., and also of the guilty plea. See: Walker v. Johnston, 1941, 312 U.S. 275, 61 S.Ct. 574, 85 L.Ed. 830; Waley v. Johnston, 1942, 316 U.S. 101, 62 S.Ct. 964, 86 L.Ed. 1302.

Section 2255 of Title 28 U.S.C.A. provides in part:

"* * * Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the United States attorney, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto."

See also United States v. Hayman, 1952, 342 U.S. 205, 72 S.Ct. 263, 96 L.Ed. 232. With the case in its present posture, it certainly cannot be said that the record conclusively shows that Aiken is entitled to no relief. The statute requires that significant issues of fact presented by the petition and affidavit be resolved in a hearing, after which the District Judge should make findings of fact and conclusions of law. We remand for this purpose. The United States Attorney agrees that this is the appropriate procedure and he will have the opportunity to present counteraffidavits and other evidence in the District Court.

Vacated and remanded for further proceedings.

Appendix

"Carl Walter Aiken, being duly sworn, deposes and says:

"That he is the Appellant in this case; that he moved the sentencing Court by a duly verified Motion under the provisions of 28 U.S.C. 2255 for a hearing on allegations that his conviction was obtained in violation of the United States Constitution; that Appellant at said hearing would show unto the Court the following:

"`Following my arrest and confinement in the Forsyth County Jail I was periodically interrogated by Postal Inspectors Robert S. Fisher and S. G. Ohwall. The interrogations often lasted several hours. During the first and second interrogation they tried to...

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  • West v. State of Louisiana
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • September 5, 1973
    ...1686; Cisneros v. Beto, 5 Cir. 1970, 423 F.2d 201, cert. denied, 1970, 400 U.S. 839, 91 S.Ct. 78, 27 L.Ed.2d 72; Aiken v. United States, 4 Cir. 1960, 282 F.2d 215, 216; R. Sokol, Federal Habeas Corpus 99-102 (2d rev. ed. 1969); Developments, supra, 83 Harv.L.Rev. 1174-75. West prepared his ......
  • Buccheri, Application of
    • United States
    • Arizona Court of Appeals
    • August 4, 1967
    ...States, supra; Swepston v. United States, 227 F.Supp. 429 (1964); Hamby v. United States, 217 F.Supp. 318 (1963); Aiken v. United States, 282 F.2d 215 (4th Cir. 1960); Burleson v. United States, 205 F.Supp. 331 (1962), motion to vacate subsequently denied, 209 F.Supp. 464 (1962), when petit......
  • Canty v. City of Richmond, Va., Police Dept., Civ. A. No. 74-0106-R.
    • United States
    • U.S. District Court — Eastern District of Virginia
    • October 30, 1974
    ...of any constitutional rights which the plaintiff alleges, however inartfully, to have been infringed. See Aiken v. United States, 282 F.2d 215, 216 (4th Cir. 1960). Cf. Conley v. Gibson, supra, 355 U.S. at 48, 78 S.Ct. 99. A. Constitutional Deprivations The Court construes the plaintiff's c......
  • Sims v. United States, Civ. A. No. 15960.
    • United States
    • U.S. District Court — District of Maryland
    • May 19, 1966
    ...473 (1962); Munich v. United States, 337 F.2d 356 (9 Cir. 1964); United States v. Davis, 212 F.2d 264 (7 Cir. 1954); Aiken v. United States, 282 F.2d 215 (4 Cir. 1960). Generally, a mere, unfulfilled hope held out by a defendant's attorney, or even the prosecutor, has been held in this Circ......
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