United States of America Ex Rel. Jack Randolph v. Alfred F. Dowd, as Warden of the Indiana State Prison

*764DUFFY, Chief Judge

(dissenting).

I think the trial judge erred in proceeding summarily. Upon a hearing, particularly on the question of inadequate representation by counsel, a determination could be made whether the constitutional questions raised were based on facts that appeared of record. I would reverse with instructions for the trial court to conduct a hearing.