United States v. Curtis, 72-1050.
Decision Date | 18 January 1972 |
Docket Number | No. 72-1050.,72-1050. |
Parties | UNITED STATES of America v. Leon R. CURTIS, Appellant. |
Court | U.S. Court of Appeals — District of Columbia Circuit |
Leon R. Curtis, proceeding pro se.
Mr. Thomas A. Flannery, U. S. Atty.,* with whom Messrs. John A. Terry and Charles E. Brookhart, Asst. U. S. Attys., were on the answer to the order to show cause filed in Misc. No. 3684.
Before BAZELON, Chief Judge and LEVENTHAL, Circuit Judge.
On this appeal petitioner challenges the District Court's denial without a hearing of his petition under 28 U.S.C. § 2255. Indicted along with a co-defendant on four counts charging armed robbery, robbery, assault with a dangerous weapon and unauthorized use of a motor vehicle, petitioner entered a plea of guilty to the robbery count on October 30, 1970. At the time the guilty plea was accepted, the District Court asked petitioner a series of questions, and he responded that no promises of any kind had been made to him, that he fully understood that he could be sentenced to a long period of confinement in the federal penitentiary, and that he was pleading guilty only because he was, in fact, guilty.1
Without holding any sort of hearing, the trial judge denied the motion as frivolous and further denied petitioner's motion for leave to appeal without prepayment of costs.
This case raises the precise question that was at issue in United States v. Simpson2. Indeed, the petition submitted by Curtis is virtually identical to the one submitted by Emmanuel Simpson, and we must observe here—as we did in Simpson—that the judicial process can be abused "by prisoners who have assurance from fellow inmates that their use of what is in effect a pre-prepared form will enable them to obtain a hearing promising at least some possibility, however slight, of relief."3 It does not follow, however, that Curtis is entitled to no relief or that his petition must contend with some presumption of frivolity. With the case in its present posture we clearly must assume that the allegations of the petition are true. And if they are true they entitle Curtis to relief from an involuntary plea of guilty.4
Of course, if petitioner's allegations are false he is entitled to no relief. But without holding any hearing or appointing counsel to aid in the factfinding process it was patently impossible for the trial court to determine the truth or falsity of the allegations. Certainly the trial judge could determine on the basis of his own recollection whether he had himself promised petitioner or his attorney that petitioner would receive a sentence under the Youth Corrections Act in return for a plea of guilty. But that is not the question presented by the petition. Rather, Curtis alleges that promises were made by his own attorney, and presumably in private, and the truth of that assertion could not be measured without hearing some testimony or inspecting affidavits.
While the petition is sufficient in form, it may, of course, be frivolous in fact. If the allegations have no foundation in fact it may be possible for the District Court to resolve the issue without a lengthy and burdensome hearing. After all, the question presented is narrow and sharply defined, and there are very few persons who are likely to have information pertinent to its resolution. In any case, petitioner has no right to a particular type of evidentiary hearing, but only to a fair and complete determination of the validity of his claim. We leave it to the discretion of the District Court to conduct the inquiry in whatever manner seems best designed to minimize the burden on the judicial process while assuring a rapid and thorough investigation of petitioner's allegations.5 The District Court may wish to utilize the approaches discussed in Simpson, including the use of law students, under supervision, designated to counsel with petitioner.6
Vacated and remanded.
* Mr. Flannery was the United States Attorney at the time the answer to the order to show cause was filed.
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United States v. Curtis, Crim. No. 1052-70.
...No. 1052-70. United States District Court, District of Columbia. April 25, 1972. OPINION HART, District Judge. By opinion, dated January 18, 1972, 459 F.2d 1362, the United States Court of Appeals for the District of Columbia Circuit remanded this case to determine whether a respected membe......