Boyd v. Dutton
Supreme Court of the United States
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. § 2254 (d).
Certiorari granted; 435 F.2d 153, vacated and remanded to District Court.
PER CURIAM.