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375 F.2d 118

Docket No. 24096.

McGary v. Wainwright

Fifth Circuit Court of Appeals · decided 1967-04-03

2 counsel of record

Relies on National Labor Relations Board v. Perry Publications, Inc.

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1967-04-03

How this case has been cited

Cited by 4 later decisions — most recently January 2014

2 state decisions

20196719701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Ernest Chico McGary, pro se.

Earl Faircloth, Atty. Gen., James G. Mahorner, Asst. Atty. Gen., David U. Tumin, Asst. Atty. Gen., for appellee.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and BREWSTER, District Judge.

PER CURIAM.

¶1

After a plenary hearing, the district court denied the appellant's petition for a writ of habeas corpus. The allegations were that appellant's plea of guilty was coerced by alleged beatings on three occasions and that he was not represented by counsel at any stage of the proceedings.

¶2

The appellant admitted in testimony at the hearing that he entered a plea of not guilty after the alleged beatings. Hence, he was not coerced into pleading guilty. The trial court found that in view of the conflict in testimony, the appellant failed to carry the burden of proving that he was not represented by counsel.

The order of the district court is

¶3

Affirmed.

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