KAYTON v. WAINWRIGHT

No. 25001.

402 F.2d 471 (1968)

Paul Oliver KAYTON, Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Appellee.

United States Court of Appeals Fifth Circuit.

November 4, 1968.


Attorney(s) appearing for the Case

Paul Oliver Kayton, pro se.

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

Before BROWN, Chief Judge, and WISDOM, Circuit Judge, and BREWSTER, District Judge.


PER CURIAM:

This is an appeal from the denial of habeas corpus relief to a Florida state convict, without a hearing and without requiring a return and answer by the respondent. We reverse.

The following grounds alleged by appellant require an evidentiary hearing unless they should be conclusively refuted in the manner provided in 28 U.S.C.A. §§ 2245-2249, 2254, by records which may be furnished with respondent's return and answer:

1. Appellant...

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