This case is a habeas corpus proceeding in which petitioner McDonald challenged the validity of his 1939 conviction for federal bank robbery under 12 U.S.C. § 588(b), for which he received a 25-year sentence. The court found that McDonald's appointed defense attorney, George Curran, had a disqualifying conflict because McDonald had pending malpractice charges against him before the Michigan State Bar at the time of trial, yet Curran entered an appearance and provided no meaningful preparation without disclosing the adverse interest to the court or client. Although McDonald had raised related issues in prior habeas petitions, the court held under Price v. Johnston that he was entitled to pursue this ground once he realized its legal significance, and there was no abusive use of the writ. The court therefore concluded the underlying judgment was invalid due to the absence of proper representation and ordered the warden to discharge the petitioner, staying the order for 30 days to permit retrial on the original indictment.

criminal lawprocedure