Wedding v. Wingo, 71-2090.

Decision Date16 March 1972
Docket NumberNo. 71-2090.,71-2090.
Citation456 F.2d 245
PartiesCarl James WEDDING, Petitioner, v. John W. WINGO, Warden, Kentucky State Penitentiary, Respondent.
CourtU.S. Court of Appeals — Sixth Circuit

Carl James Wedding, in pro. per.

Ed W. Hancock, Atty. Gen., James M. Ringo, Asst. Atty. Gen., Commonwealth of Kentucky, Frankfort, Ky., on brief for respondent.

Before PHILLIPS, Chief Judge, and WEICK and MILLER, Circuit Judges.

PER CURIAM.

Wedding appeals from the dismissal of his petition for writ of habeas corpus without an evidentiary hearing.

He is serving a life sentence imposed in 1949 by the Webster Circuit Court in Kentucky after a plea of guilty to murder. He asserts among other things that his counsel was not appointed until the day of the trial; that he was not advised of his right of trial by jury; and that his guilty plea was coerced by threat of a possible death sentence.

The record disclosed that Wedding filed a post conviction proceeding under R.Cr. 11.42 in the State courts of Kentucky, which was dismissed without an evidentiary hearing. The Kentucky Court of Appeals affirmed in an opinion rendered June 11, 1971, Wedding v. Commonwealth, Ky., 468 S.W.2d 273.

We conclude that the petition for habeas corpus presents issues of fact requiring an evidentiary hearing. Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770; Yates v. Wingo, 425 F.2d 1167 (6th Cir.1970).

Reversed and remanded.

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3 cases
  • Wingo v. Wedding 8212 846
    • United States
    • U.S. Supreme Court
    • June 26, 1974
    ...petition for habeas corpus in 1971. After the Court of Appeals for the Sixth Circuit reversed the initial dismissal of his petition, 456 F.2d 245 (1972), and remanded for an evidentiary hearing, the District Court invoked Local Rule 16 and assigned the case to a full-time Magistrate to hold......
  • Wedding v. Wingo, 72-2160.
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • August 31, 1973
    ...reversed and remanded with instructions to conduct an evidentiary hearing on the petitioner's claims of constitutional violation. 456 F.2d 245 (6th Cir. 1972). Upon remand, a United States Magistrate, acting pursuant to a rule adopted by the District Court, issued an order assigning the evi......
  • Burston v. Caldwell, 72-3053.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • May 14, 1973
    ...for consultation and because of the lawyer's inadequate investigation. See Barker v. Wainwright, 5 Cir. 1972, 459 F.2d 8; Wedding v. Wingo, 6 Cir. 1972, 456 F.2d 245; Moore v. United States, 3 Cir. 1970, 432 F.2d 730; United States ex rel. Washington v. Maroney, 3 Cir. 1970, 428 F.2d 10. Ha......

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