Garcia V. Johnson

BOGGS, Circuit Judge. Jorge Garcia filed a petition for a writ of habeas corpus claiming that his 1987 guilty plea for assault with intent to commit murder was involuntary, primarily because of alleged language difficulties (Garcia speaks only Spanish) and because he gave contradictory answers at different points in his plea hearing. The district court ordered that the writ be granted unless the State of Michigan held another hearing, within ninety days, to establish by clear and convincing evidence that the plea was voluntary and intelligent. The State of Michigan appealed, alleging that the district court failed to apply a presumption of correctness to state court findings, and that the evidence demonstrated that the plea was voluntary and intelligent. For the reasons stated, we reverse.