Streets v. Wainwright, 25982.
| Decision Date | 15 October 1968 |
| Docket Number | No. 25982.,25982. |
| Citation | 402 F.2d 87 |
| Parties | Charlie Lee STREETS, Appellant, v. Louie L. WAINWRIGHT, Director, Florida Division of Corrections, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Charlie Lee Streets, pro se.
Earl Faircloth, Atty. Gen., Tallahassee, Fla., Arden M. Siegendorf, Asst. Atty. Gen., Miami, Fla., for appellee.
Before RIVES and DYER, Circuit Judges, and MEHRTENS, District Judge.
Charlie Lee Streets appeals from the denial, without an evidentiary hearing, of his petition for writ of habeas corpus. We reverse and remand.
He was convicted upon his plea of guilty of rape and sentenced to serve 99 years. There was no direct appeal. His Rule One motion was denied without a hearing and affirmed on appeal.
As to the grounds urged here, State remedies have been exhausted. The issue presented is whether the allegations of the petition were such as to require a hearing on whether appellant's plea of guilty was coerced.
In his federal petition, and in an attached "brief," appellant alleges that he was "coerced to plead guilty in a capital punishment case for rape by being beaten several times mistreated, threatened and harased sic." Appellant also alleges that his guilty plea was the result of attorneys promising him that he would not receive more than 10 years imprisonment. He argues in this court that such promises were made by the state's attorney.
The District Court denied relief without an evidentiary hearing, stating that "he fails to plead any facts whatsoever, and the pleading of mere conclusions is insufficient to sustain the granting of the writ of habeas corpus." The District Court could have, but did not order appellant to allege his facts in greater detail. Dismissal is not proper if the allegations are such as to raise a factual issue concerning whether or not the plea was coerced. Upon allegations not significantly distinguishable from appellant's, this court previously has reversed and remanded for evidentiary hearing. Carpenter v. Wainwright, 5 Cir. 1967, 372 F.2d 940; Murphy v. Wainwright, 5 Cir. 1967, 372 F.2d 942.
A plea of guilty, if voluntarily and understandingly made, is conclusive as to defendant's guilt. It is an admission of all the facts charged, and waives all nonjurisdictional defects in the prior proceedings against the defendant. A conviction based upon a plea of guilty is invalid, however, as inconsistent with due process of law, if the plea was involuntary or coerced. Busby v. Holman, 5 Cir. 1966, 356 F.2d 75; Murphy v. Wainwright, supra; Broxson v. Wainwright, 5 Cir. 1967, 372 F.2d 944; Carpenter v. Wainwright, supra. Allegations sufficient to raise a material factual issue concerning the voluntariness of a guilty plea require a hearing. Machibroda v. United States, 368 U.S. 487, 82 S.Ct. 510, 7 L.Ed.2d 473 (1962); Waley v. Johnston, 316 U.S. 101, 62 S.Ct. 964, 86 L.Ed. 1302 (1942); Walker v. Johnston, 312 U.S. 275, 61 S.Ct. 574, 85 L.Ed. 830 (1941); Bell v. Alabama, 5 Cir. 1966, 367 F.2d 243.
Appellee argues that the order of dismissal should be affirmed because appellant's factual allegations are patently unbelievable. See, Edge v....
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Clark v. State
...all non-jurisdictional defects and defenses, whether constitutional or statutory, in prior proceedings. See, e. g., Streets v. Wainwright, 402 F.2d 87 (5th Cir. 1968); Picard v. Allgood, 400 F.2d 887 (5th Cir. 1968); Askew v. Alabama, 398 F.2d 825 (5th Cir. 1968); Abram v. United States, 39......
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Steinhauser v. State
...confession, and not upon any evidentiary matters extrinsically appearing and going behind such plea. See, e.g., Streets v. Wainwright (C.C.A.5th 1968), 402 F.2d 87; Manning v. State, Supra; Thomas v. State (Fla.App.2d 1967), 201 So.2d 834 and Hield v. State (Fla.App.4th 1967), 201 So.2d The......
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Parrish v. Beto
...of guilty, knowingly and voluntarily entered, constitutes a waiver of all non-jurisdictional defects and defenses. Streets v. Wainwright, 5th Cir. 1968, 402 F.2d 87, 88. Second, there is no federal constitutional necessity for a jury to set punishment on a guilty plea. A jury was empaneled ......
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Streets v. Wainwright, 28604.
...we cannot say the district court committed error in finding the plea voluntary. The judgment is therefore Affirmed. 1 Streets v. Wainwright, 5 Cir., 1968, 402 F.2d 87. 2 The Court was quoting from Judge Tuttle of the Fifth Circuit Court of Appeals in Shelton v. United States, 5 Cir., 1957, ......