Use of the Statement of Facts to advance one's case; illustrative examples.

• Jurisdiction: United States

Section 27. Use of the Statement of Facts to advance one's case; illustrative examples.—The application of the foregoing techniques will perhaps be more clearly perceived by examining, not examples from different cases, but comparative instances from successive stages of the same case.

In Von Moltke v. Gillies,⁴⁶ the question raised in a habeas corpus proceeding was whether petitioner had freely, intelligently, and knowingly waived her right to the assistance of counsel, and whether she had freely, intelligently, and knowingly pleaded guilty. Her contention was that she had been induced to plead guilty by an F.B.I. agent who, so she alleged, had, by misinforming her as to the law, convinced her that she would be found guilty if she went to trial. The habeas corpus judge had found against her, the circuit court of appeals had affirmed, and she sought certiorari.

The difficult feature of the case, from the Government's point of view, was the dissenting opinion in the C.C.A., which had espoused and believed the petitioner's story.⁴⁷ Moreover, the F.B.I. agent had not been a good witness; his denials left something to be desired.⁴⁸ The strong points of the case, for the Government, were the favorable findings of the habeas corpus judge; the strong indications in the record that...