(dissenting):
In its answer, the state did not deny Edmonds’ allegation that his appointed lawyer told him that he had better plead guilty if he wanted counsel to represent him, leaving him with the impression that “if he did not plead guilty . . . [he] would be left alone and without any aid from counsel or anyone.” Nevertheless, the district court dismissed Edmonds’ petition for a writ of habeas corpus without an evidentiary hearing. We must, therefore, accept Edmonds’ allegation as true for the purpose of deciding this appeal. Because the allegation is legally sufficient to raise factual issues about both the voluntariness of Edmonds’ guilty plea and the validity of his arraignment, I would vacate the judgment and remand the case for an evidentiary hearing.
The accuracy and truth of a prisoner’s disavowal of any threats at his arraignment are “ ‘conclusively’ established by that proceeding unless and until he makes some reasonable allegation why this should not be so.” Crawford v. United States, 519 F.2d 347, 350 (4th Cir. 1975). It is not enough for the prisoner merely to challenge the voluntariness of his plea. He must also allege sufficient facts to raise an issue about the validity of his arraignment. Edmonds’ allegation satisfies these dual requirements.
If Edmonds can prove that his lawyer caused him to believe that he would be denied his sixth amendment right to counsel unless he pled guilty, his plea was involuntary. Cf. Machibroda v. United States, 368 U.S. 487, 493, 82 S.Ct. 510, 7 L.Ed.2d 473 (1962). The plea is, therefore, void and open to collateral attack, because his attorney’s alleged coercion also raises an issue about the validity of the arraignment for the following reasons.
The decision of how to plead must be made by the defendant himself after consultation with his lawyer. See ABA Standards Relating to the Defense Function § 5.2(a) (1971); ABA Standards Relating to Pleas of Guilty § 3.2 (1968). An important reason for this consultation is to protect the accused from making an involuntary or unintelligent plea. See McMann v. Richardson, 397 U.S. 759, 770-72, 90 S.Ct. 1441, 25 L.Ed.2d 763 (1970). Therefore, a lawyer who coerces a guilty plea fails to advise the accused competently about his arraignment. Representation by a competent lawyer is a prerequisite to a valid arraignment. Cf. McMann v. Richardson, supra; Pennsylvania v. Claudy, 350 U.S. 116, 122-23, 76 S.Ct. 223, 100 L.Ed. 126 (1956). The Court emphasized in Gideon v. Wainwright, 372 U.S. 335, 344, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963) that the . fight to counsel was fundamental and essential to a fair trial. If, however, a prisoner’s attorney becomes an instrument of coercion, the constitutional protection which Gideon sought to assure is destroyed. In sum, when defense counsel coerces the accused to plead guilty, he corrupts both the plea and the arraignment.
A prisoner’s answers at arraignment are not always conclusive. Despite his previous disavowal of threats, when he implicates the validity of both his plea and the arraignment, he should be granted a hearing to show, if he can, why he should be rearraigned. Fontaine v. United States, 411 U.S. 213, 93 S.Ct. 1461, 36 L.Ed.2d 169 (1973). Though Fontaine differs factually, its principles govern Edmonds’ case. The alleged coercion by Edmonds’ appointed counsel, if proved, will invalidate both his guilty plea and his arraignment. Therefore, notwithstanding his prior inconsistent statements, he is entitled to an evidentiary hearing on the question of his counsel’s alleged coercion. The evidentiary hearing should not be confined to whether the lawyer said that he would withdraw from the case. If such a statement were made, the court should examine its context. For example, a lawyer should not countenance a perjured defense. ABA Canons of Professional Ethics, Disciplinary Rule 7-102(A)(4). Nor should he continue his representation if *570a conflict of interest arises. ABA Canons of Professional Ethics, Disciplinary Rule 5-105. The critical question is not whether the lawyer said he would withdraw. It is whether Edmonds reasonably believed from what his lawyer said that he would be denied counsel unless he pled guilty.