Jewell Jess Stone v. Harold v. Cardwell, Former Warden, Arizona State Prison, and Robert Raines, Present Warden, Arizona State Prison

By order dated February 14, 1980, this Court remanded this case to the United States District Court for the District of Arizona, with instructions to set forth the findings made by said District Court when it earlier (January 11,1979) had ordered the Superior Court of the State of Arizona in and for the County of Maricopa, to permit petitioner Jewell Jess Stone to withdraw his guilty plea. Further, we asked the District Court to point out the portions of the State court records upon which its findings are based.

The District Court has complied with our order. After reviewing the State court records, United States District Judge Walter E. Craig found: (1) At the time petitioner Stone entered into an oral plea bargain agreement he believed that his confinement in prison would be for a term of three to five years, if probation was not granted; (2) petitioner Stone believed no aggravation hearing would be held; (3) he did not waive his presence at the aggravation hearing; and (4) the petitioner’s plea of guilty was not knowingly and voluntarily made.

The portions of the State court records specified to us by Judge Craig contain testimony of the petitioner, his attorney and the…