Opinion
No. 52842.
October 17, 1972.
In re: William Riley applying for writ of habeas corpus and/or mandamus.
Writs denied. In view of the written reasons by the trial judge the showing made does not warrant the exercise of our original or supervisory jurisdiction.
BARHAM, J., is of the opinion the writ should be granted. See Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274.
TATE, J., dissents. In the absence of a contemporaneous recording, the conclusionary statement in the minutes at the time of the plea of guilty that the Boykin interrogation was conducted does not justify the denial of an evidentiary hearing on the petitioner's allegations that no such interrogation took place and that the minutes' general allegations are not correct.
DIXON, J., dissents from refusal.