BOYD V. DUTTON, 405 U. S. 1 (1972)

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U.S. Supreme Court

Boyd v. Dutton, 405 U.S. 1 (1972)

Boyd v. Dutton

No. 70-5075

Decided February 22, 1972

405 U.S. 1


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, 372 U. S. 313; 28 U.S.C. § 2254(d).

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

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