Fontaine v. United States
Supreme Court of the United States
Fontaine v. United States
Certiorari to the United States Court of Appeals for the Sixth Circuit
No. 71-6757. Argued: February 28, 1973 --- Decided: April 2, 1973
On the record in this case, petitioner, who made an uncounseled guilty plea in open court and was sentenced to prison, may collaterally attack the plea and is entitled to an evidentiary hearing under 28 U.S.C. § 2255 since his motion under that provision set out detailed factual allegations, in part documented by records, supporting his claim that the plea was coerced, and since it cannot be said that the record before the District Court "conclusively showed" that petitioner was entitled to no relief.
Vacated and remanded.
Steven M. Umin, by appointment of the Court, 409 U.S. 1005, argued the cause and filed a brief for petitioner.
Samuel Huntington argued the cause for the United States. With him on the brief were Solicitor General Griswold, Assistant Attorney General Petersen, and Philip R. Monahan.
PER CURIAM.