Boyd v. Dutton

Supreme Court of the United States

405 U.S. 1

Boyd  v.  Dutton, Warden

On Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit

No. 70-5075  Argued: 1971 --- Decided: February 22, 1972

Where the material facts bearing upon the issue of whether petitioner, charged with four felonies, knowingly and voluntarily waived his constitutional right to counsel before entering a guilty plea in the state trial court, were inadequately developed in a state court post-conviction hearing, the Federal District Court considering a habeas corpus petition was under a duty to hold an evidentiary hearing. Townsend v. Sain, 372 U.S. 293, 313; 28 U.S.C. ยง 2254 (d).

Certiorari granted; 435 F.2d 153, vacated and remanded to District Court.


PER CURIAM.


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