Joseph William Wade, and v. State of California, and (Two Cases)

This two-pronged appeal arises from the granting in the District Court of a petition for a writ of habeas corpus and from the remedy ordered. The writ ordered Wade, a state prisoner, released from custody arising out of his 1957 conviction after a plea of guilty to the crime of sodomy, unless the State of California granted him a new hearing within 30 days. This was on the ground that the guilty plea entered by Wade was involuntary.

The State appeals from the granting of the writ. Wade appeals from that portion of the writ requiring a new hearing, maintaining he should be unconditionally released, and not be required to again have the issue tried.

The District Court issued a certificate of probable cause, and stayed the execution of the judgment pending the determination of the appeal. Meanwhile, Wade has completed his time in prison, and has been released, presumably on parole.

Jurisdiction below rests on 28 U.S.C.A. § 2254 ; and here on 28 U.S.C. § 2253 .

The petition was carefully considered by the District Judge. He outlined the procedures he followed in his order of July 8, 1969 [C.T., pp. 288, 289], and then found that certain facts were not in question, as quoted in the…