Ward v. Jenkins

Dist. Ct. erred in dismissing without evidentiary hearing defendant's habeas petition alleging that his trial counsel was ineffective for failing to file motion to withdraw defendant's guilty plea. Defendant is entitled to evidentiary hearing where: (1) record at trial indicated some confusion on defendant's part with respect to pleading guilty to offense of felony theft by contractor; (2) defendant alleged that trial counsel was unwilling to file motion to withdraw guilty plea; and (3) state courts, for reason beyond defendant's control, never considered defendant's claim in full and fair hearing.