Note:
William H McBride, Criminal Practice and Procedure—A Section 2255 Motion Will Be Denied an Evidentiary Hearing when Petitioner’s Allegations Are Contradicted by His Rule 11 Answers. Bryan v. United States (5th Cir. 1974), 53 TEXAS L. REV. 147 (1974).
 

Abstract:
A motion by a prisoner under 28 U.S.C. § 2255 is a means by which a prisoner can collaterally attack his conviction in the court that imposed the sentence. Evidentiary hearings are granted for Section 2255 motions, unless the records of the case conclusively show that the prisoner is not entitled to relief. Rule 11 of the Federal Rules of Criminal Procedure requires the judge to inquire about the reasons for a prisoner’s guilty plea. Ostensibly turning recreant to Supreme Court precedent, the Fifth Circuit held in Bryan v. U.S., that an evidentiary hearing under a Section 2255 motion can be denied where the Section 2255 allegations are contradicted by the prisoner’s Rule 11 answers. The author argues that the implications of the Bryan decision are twofold. Firstly, the decision forces an expansion of the judge’s Rule 11 inquiry to include a statement that plea bargains (the subject to the motion in Bryan) are recognized. Secondly, the decision will expand the reliance of courts upon Rule 11 in refusing to grant evidentiary hearing under Section 2255