STICKNEY v. ELLIS

No. 18623.

286 F.2d 755 (1961)

Howard B. STICKNEY, Appellant, v. O. B. ELLIS, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

February 9, 1961.


Attorney(s) appearing for the Case

O. John Rogge, New York City, John P. Spiller, Houston, Tex., for appellant.

Samuel H. Robertson, Jr., Dan Walton, Houston, Tex., for appellee.

Before TUTTLE, Chief Judge, and JONES and BROWN, Circuit Judges.


TUTTLE, Chief Judge.

This is an appeal from the dismissal of a petition for writ of habeas corpus by the trial court, following a state murder conviction and death sentence, without conducting a hearing to determine the truth or falsity of appellant's claim that his confession used in the State Court trial had been illegally obtained. The appellant also complains of the failure of the trial court to hold a hearing on the contention that he had been denied effective...

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