NEWMAN v. WAINWRIGHT

No. 71-1548.

464 F.2d 615 (1972)

Richard Carter NEWMAN, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director of Florida Division of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 31, 1972.


Attorney(s) appearing for the Case

Aaron Foosaner, North Miami Beach, Fla. (court appointed), for petitioner-appellant.

Robert L. Shevin, Atty. Gen. of Fla., Tallahassee, Fla., Charles Musgrove, Andrew I. Friedrich Asst. Attys. Gen., West Palm Beach, Fla., for respondent-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.


PER CURIAM:

By his habeas corpus petition Newman contends that his death sentence for rape should be set aside because the voir dire examination of the jury panel was not recorded, thus foreclosing to him proof that prospective jurors might have been excused in violation of the precepts of Witherspoon v. Illinois, 1968, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776. Secondly, he urges that the imposition of the death penalty amounts to...

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