JAMES v. SMITH

No. 71-2639 Summary Calendar.

455 F.2d 502 (1972)

William H. JAMES, Petitioner-Appellant, v. S. Lamont SMITH, Warden, Georgia State Prison, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

February 4, 1972.


Attorney(s) appearing for the Case

William H. James, pro se.

Arthur K. Bolton, Atty. Gen., of Ga., William F. Bartee, Jr., Courtney Wilder Stanton, Ass't. Attys. Gen., Atlanta, Ga., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Atlanta, Ga., for respondents-appellees.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.


PER CURIAM:

The instant appeal is from the denial of habeas corpus relief. Appellant's claim for relief is based on the asserted failure of the state to live up to a "plea bargain." The district court denied relief without an evidentiary hearing, relying upon the record of appellant's state court proceedings, supplemented by affidavits from the prosecuting and defense attorneys at his trial.

On December 20, 1971, the Supreme Court rendered its decision in...

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