[DOWNLOAD] "Mcgarrah v. Dutton" by United States Court of Appeals for the Fifth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Mcgarrah v. Dutton
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 26, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
On July 26, 1955, the Appellant, McGarrah, unrepresented by counsel, waived indictment and pleaded guilty in Superior Court of Sumter County to two counts charging assault with intent to commit rape and three counts of burglary. He was sentenced to 20 years each on the first two counts and 10 years each on the three remaining counts to be served consecutively, a total of 70 years. On January 18, 1965, McGarrah filed a petition pro se for writ of habeas corpus in the City Court of Reidsville, Georgia, asserting that the waiver and plea had been obtained by threats and force on the part of state officials, and that he had been denied the federally guaranteed right to assistance of counsel. The petition was denied on March 27, 1965, and no appeal was taken. On March 10, 1966, a petition for habeas relief asserting similar grounds was filed by his present counsel in the United States District Court for the Southern District of Georgia. A hearing was held, relief was denied, and this appeal followed. We reverse.