COCKERHAM v. WAINWRIGHT

No. 71-1265.

444 F.2d 438 (1971)

Fred COCKERHAM, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied August 5, 1971.


Attorney(s) appearing for the Case

Robert P. Davidow, Tallahassee, Fla., for petitioner-appellant.

Robert L. Shevin, Atty. Gen., Wallace E. Allbritton, Joseph W. DeMember, Asst. Attys. Gen., Tallahassee, Fla., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge and GEWIN and MORGAN, Circuit Judges.


Rehearing Denied and Rehearing En Banc Denied August 5, 1971.

PER CURIAM:

Fred Cockerham, convicted in a Florida court of the offense of breaking and entering with intent to commit grand larcency, was sentenced to imprisonment for eighteen months. In his petition for Federal habeas corpus relief, he argued that the prosecution failed to prove he freely and voluntarily consented to a search leading to the discovery of incriminating evidence in his automobile...

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