JOHNSON v. SMITH

No. 71-1239 Summary Calendar.

447 F.2d 985 (1971)

Joseph JOHNSON, Petitioner-Appellant, v. S. Lamont SMITH, Warden, Georgia State Prison, Reidsville, Georgia, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 2, 1971.


Attorney(s) appearing for the Case

Joseph Johnson, pro se.

Arthur K. Bolton, Atty. Gen. of Ga., William R. Childers, Jr., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Courtney Wilder Stanton, Asst. Atty. Gen., W. Hensell Harris, Jr., Atlanta, Ga., for respondent-appellee.

Before COLEMAN, SIMPSON, and MORGAN, Circuit Judges.


PER CURIAM:

Joseph Johnson, represented by retained counsel, was convicted by a trial jury of the rape of an elderly woman. On January 21, 1966, he was sentenced to imprisonment for life. In the habeas corpus proceedings now under review Johnson contended that his retained attorney rendered ineffective representation at the trial and that he, Johnson, was denied a direct appeal.

Upon examination of the record, including the record in both the state court and...

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