Wilde v. Wyoming, 645
Decision Date | 16 May 1960 |
Docket Number | M,No. 645,645 |
Citation | 80 S.Ct. 900,4 L.Ed.2d 985,362 U.S. 607 |
Parties | Victor Donald WILDE v. WYOMING et al. isc |
Court | U.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.
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.
To continue reading
Request your trial-
State v. Martin
...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
...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
...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
...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 ......