Boyd v. Dutton

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.