Wilde v. Wyoming, 645

Decision Date16 May 1960
Docket NumberM,No. 645,645
Citation80 S.Ct. 900,4 L.Ed.2d 985,362 U.S. 607
PartiesVictor Donald WILDE v. WYOMING et al. isc
CourtU.S. Supreme Court

Victor Donald Wilde, pro se.

Messrs.

Norman B. Gray, Atty. Gen. of Wyoming, and W. M. Haight, Deputy Atty. Gen., for respondents.

PER CURIAM.

The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. In petitions for writ of habeas corpus, filed with the Second Judicial District Court of the State of Wyoming and with the Wyoming Supreme Court, the petitioner alleged, among other grounds for relief, that his plea of guilty to second degree murder in December 1945, upon which he received a life sentence, was induced when he 'had no counsel present' and that the prosecutor wilfully suppressed the testimony of two eyewitnesses to the alleged crime which would have exonerated the petitioner. It does not appear from the record that an adequate hearing on these allegations was held in the District Court, or any hearing of any nature in, or by direction of, the Supreme Court. We find nothing in our examination of the record to justify the denial of hearing on these allegations. The judgment is therefore vacated and the case is remanded for a hearing thereon. Com. of Pennsylvania ex rel. Herman v. Claudy, 350 U.S. 116, 76 S.Ct. 223, 100 L.Ed. 126; Sublett v. Adams, 362 U.S. 143, 80 S.Ct. 527, 4 L.Ed.2d 527.

Judgment vacated and case remanded.

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16 cases
  • State v. Martin
    • United States
    • Alabama Court of Criminal Appeals
    • December 15, 2017
    ...go uncorrected when it appears.’ And see Alcorta v. Texas, 355 U.S. 28[, 78 S.Ct. 103, 2 L.Ed.2d 9 (1957) ] ; Wilde v. Wyoming, 362 U.S. 607[, 80 S.Ct. 900, 4 L.Ed.2d 985 (1960) ]. Cf. Durley v. Mayo, 351 U.S. 277, 285[, 76 S.Ct. 806, 100 L.Ed. 1178 (1956) ] (dissenting opinion). "We now ho......
  • United States v. Soblen
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • November 3, 1961
    ...reversed the affirmance of the denial of the habeas corpus application and remanded for further proceedings. Wilde v. Wyoming (1960) 362 U.S. 607, 80 S.Ct. 900, 4 L.Ed.2d 985 the Supreme Court remanded the case for a hearing, where defendant in a murder prosecution asserted that the prosecu......
  • United States v. Mayersohn
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • November 22, 1971
    ...63 S.Ct. 177, 87 L.Ed. 214 (1942); United States v. Keogh, 391 F.2d 138, 146-147 (2d Cir. 1968). See Wilde v. Wyoming, 362 U.S. 607, 80 S.Ct. 900, 4 L.Ed.2d 985 (1960) (per curiam). 18 Kyle v. United States, 297 F.2d 507, 514 (2d Cir. 1961) (involving an application to vacate sentence under......
  • Brady v. State of Maryland, 490
    • United States
    • United States Supreme Court
    • May 13, 1963
    ...allows it to go uncorrected when it appears.' And see Alcorta v. Texas, 355 U.S. 28, 78 S.Ct. 103, 2 L.Ed.2d 9; Wilde v. Wyoming, 362 U.S. 607, 80 S.Ct. 900, 4 L.Ed.2d 985. Cf. Durley v. Mayo, 351 U.S. 277, 285, 76 S.Ct. 806, 811, 100 L.Ed. 1178 (dissenting We now hold that the suppression ......
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