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MILLER v. McCARTHY

No. 77-1508.

607 F.2d 854 (1979)

Robert M. MILLER, Petitioner-Appellant, v. Daniel J. McCARTHY, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

October 31, 1979.

Attorney(s) appearing for the Case

Susannah J. Convery, Walnut Creek, Cal., for petitioner-appellant.

Clifford K. Thompson, Jr., Deputy Atty. Gen., San Francisco, Cal., for respondent-appellee.

Before DUNIWAY and ELY, Circuit Judges, and FITZGERALD, District Judge.

DUNIWAY, Circuit Judge:

Robert Miller appeals from the district court's denial of his petition for a writ of habeas corpus. We reverse and remand for an evidentiary hearing.

I. Background.

Miller went to trial before a jury in a California superior court on a charge of rape. During the trial, on January 27, 1970, he changed his plea to nolo contendere. He was represented by counsel. The state concedes, and the transcript of his trial...

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