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WALKER V. JOHNSTON, 312 U. S. 275 (1941)

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U.S. Supreme Court

Walker v. Johnston, 312 U.S. 275 (1941)

Walker v. Johnston

No. 173

Argued January 15, 1941

Decided February 10, 1941

312 U.S. 275


1. Under the statute governing habeas corpus, the writ may be denied if, upon the face of the petition, it appears that the petitioner is not entitled to it. P. 312 U. S. 284.

2. The practice of issuing an order to show cause and permitting the relator to reply to the respondent's return, thus avoiding useless issuance of the writ and production of the prisoner and witnesses in cases where it appears upon the face of the papers that no material issue of fact is involved and that, as a matter of law, no cause for granting the writ exists, is a settled practice permitted by the statute. P. 312 U. S. 284.

3. Where the petition and traverse, on the one hand, and the return, on the other, raise substantial issues of fact, the writ must be granted, the prisoner produced, and his case determined upon a hearing of evidence and argument; the statute does not allow a disposition of the case upon ex parte affidavits. P. 312 U. S. 285.

4. One who, through the deception or coercion of the prosecuting attorney, is induced to plead guilty to an indictment for a federal offense, without the advice of counsel and in ignorance of his right to such advice, is deprived of a constitutional right. P. 312 U. S. 286.

5. On a hearing in habeas corpus, the prisoner is under the burden of proving by a preponderance of evidence the facts which, he alleges, entitle him to a discharge. P. 312 U. S. 286.

109 F.2d 436 reversed.

Certiorari, 311 U.S. 635, to review the affirmance of a judgment in habeas corpus discharging a rule to show cause and dismissing the petition for the writ. chanroblesvirtualawlibrary

Page 312 U. S. 278

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