FULFORD v. SMITH

No. 28348.

432 F.2d 1225 (1970)

John C. FULFORD, Plaintiff-Appellant, v. S. Lamont SMITH, Warden, Georgia State Prison, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 30, 1970.


Attorney(s) appearing for the Case

John C. Fulford pro se.

Reuben A. Garland, Edward T. M. Garland, Atlanta, Ga., for plaintiff-appellant.

Arthur K. Bolton, Atty. Gen. of Ga., Harold N. Hill, Jr. Executive Asst. Atty. Gen., Mathew Robins, Marion O. Gordon, Asst. Attys. Gen., Atlanta, Ga., for defendant-appellee.

Before SIMPSON, MORGAN and INGRAHAM, Circuit Judges.


PER CURIAM:

The sole issue in this appeal is whether the district court was in error in denying the state prisoner appellant's request for habeas relief summarily without affording the appellant a hearing on his allegations. We affirm.

The petitioner-appellant alleged in his petition to the district court that the State of Georgia had suppressed and concealed evidence favorable to the petitioner, and that only recently the petitioner discovered this evidence...

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