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BYRD v. CARDWELL

Civ. No. 77-13 PHX (WEC).

428 F.Supp. 170 (1977)

John Henry BYRD, Petitioner, v. Harold J. CARDWELL, Warden, Arizona State Prison, Respondent.

United States District Court, D. Arizona.

March 11, 1977.

Attorney(s) appearing for the Case

John Henry Byrd, pro se.

Asst. Atty. Gen. Robert S. Golden, Phoenix, Ariz., for respondent Harold J. Cardwell.

ORDER

CRAIG, Chief Judge.

The question raised by this petition for writ of habeas corpus is whether or not petitioner was unconstitutionally denied a hearing on the issue of his competence to plead guilty under Sieling v. Eyman, 478 F.2d 211 (9th Cir. 1973).

Sieling requires a hearing whenever a trial judge has, or should have, a good faith doubt as to the competence of a defendant to knowingly and intelligently...

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