BROWN v. WAINWRIGHT

No. 25325.

394 F.2d 153 (1968)

James Donald BROWN, Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Appellee.

United States Court of Appeals Fifth Circuit.

May 1, 1968.


Attorney(s) appearing for the Case

James Donald Brown, pro se.

David U. Tumin, Asst. Atty. Gen., Tallahassee, Fla., for appellee.

Before GODBOLD and SIMPSON, Circuit Judges, and McRAE, District Judge.


GODBOLD, Circuit Judge:

This appeal is from a denial of habeas corpus without an evidentiary hearing. The district court denied a hearing on the ground that the face of the petition showed all allegations to be without merit. The district court held appellant had exhausted his state remedies.1

At appellant's trial the jury was present when the trial judge heard the evidence on the issue of voluntariness of an incriminating statement...

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