Hasan Tashin Agtas v. Harol Whitley, Warden

Hasan Tashin Agtas, a Nevada state prisoner, appeals the dismissal of his 28 U.S.C. § 2254 habeas corpus petition. Ag-tas contends that the district court erred in determining that he (1) was not denied effective assistance of counsel, (2) knowingly and voluntarily pleaded guilty, and (3) was not entitled to an evidentiary hearing. In addition, the state argues that the district court should have concluded that Agtas has not exhausted his state court remedies with respect to his ineffective assistance of counsel claim.

The facts are thoroughly outlined in the published decision of the district court. Agtas v. Whitley, 637 F.Supp. 1476 (D.Nev. 1986). We summarize them briefly.

Agtas was charged in Nevada state court with sexual assault and attempted sexual assault on a five-year-old girl. At the arraignment, represented by counsel, Agtas pleaded not guilty. He also waived his right to a preliminary hearing.

On February 9, 1984, represented by an associate of his original attorney, Agtas changed his plea to nolo contendere to the charge of lewdness with a child under the age of fourteen. In return for Agtas’s plea, the prosecutor agreed to drop the two sexual assault charges. In…