Frederick Pennington, Jr. v. Vernon Housewright, Director, Arkansas Department of Correction ( 1981 )
Menu:
-
BRIGHT, Circuit Judge, dissenting.
I dissent.
From my reading of the record, I do not agree that this case is an appropriate one for summary dismissal. Here, while Pennington has apparently exhausted his state remedies, he has never obtained a complete hearing in state court on claims relating to alleged coercion surrounding his guilty plea. In my judgment, petitioner’s allegations justify a hearing in the federal district court. Accordingly, I would remand this case to the district court for an appropriate evidentiary hearing.
Document Info
Docket Number: 81-1177
Judges: Bright, Gibson, Ross
Filed Date: 12/16/1981
Precedential Status: Precedential
Modified Date: 11/4/2024