Waymond Gene Small v. State of Arizona Ex Rel. Frank A. Eyman, Warden, Arizona State Prison

This appeal is from an order denying a petition for a writ of habeas corpus to

an Arizona prisoner serving a term of from twelve years to fifteen years for robbery. The petitioner alleged that the guilty plea to the robbery charge was not intelligently made and that petitioner lacked the mental competence to properly understand the proceedings or assist his attorney in his own defense. He demanded an evidentiary hearing.

The district court ordered the warden to file a response “together with the applicable portions of the state court proceedings.” A response was filed together with portions of the transcript and, in addition, the court had the advantage of the opinion of the Supreme Court of Arizona reciting portions of the transcript with respect to the entry of the guilty plea. State v. Small, 105 Ariz. 363 , 464 P.2d 955, 956 (1970).

The district court examined the proceedings in the state court and determined that they were constitutionally sufficient to justify the state action taken and did not warrant an evidentiary hearing.

The petition was denied, a motion for reconsideration was filed and duly considered and it, too, was denied. Thereafter a certificate of probable…