Waley v. Johnson, 316 U.S. 101 (1942)

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Waley v. Johnson

No. 1006

Decided April 27, 1942
316 U.S. 101

ON PETITION FOR WRIT OF CERTIORARI TO THE CIRCUIT

COURT OF APPEALS FOR THE NINTH CIRCUIT

Syllabus

1. A conviction on a plea of guilty coerced by a federal law enforce ment officer is wanting in due process of law. P. 103.

2. A plea of guilty which, because of coercion, will not support a conviction has no validity as a waiver of the right to assail a conviction based on the plea. P. 104.

3. The issue of whether a conviction was void because based on a coerced plea of guilty, when dependent on facts dehors the record of the criminal case and not open to consideration or review on appeal, is determinable in habeas corpus. P. 104.

4. A decision denying a writ of error coram nobis in a criminal case, rendered on the face of the petition and without a hearing, and not shown to have involved the issue raised later by a petition for habeas corpus, held not res judicata as applied to the latter. P. 105.

5. When a material issue of fact is raised in habeas corpus, the prisoner must be produced and the matter heard by the court or judge. P. 104.

124 F.2d 587, reversed.

Certiorari (herein granted) to review a judgment which affirmed a judgment denying an application for a writ of habeas corpus, 38 F.Supp. 408.