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GISSENDANNER v. WAINWRIGHT

Nos. 72-1311, 72-1565, 72-1566.

482 F.2d 1293 (1973)

Robert GISSENDANNER, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Respondent-Appellee. Samuel CHOICE, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Respondent-Appellee. John Forest SMALLEY, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 17, 1973.

Attorney(s) appearing for the Case

Fleet & Stone, J. Leonard Fleet, Hollywood, Fla., for petitioners-appellants.

Robert L. Shevin, Atty. Gen., Tallahassee, Fla., Nelson E. Bailey, Asst. Atty. Gen., West Palm Beach, Fla., for respondent-appellee.

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

JOHN R. BROWN, Chief Judge:

In this consolidated appeal from the denial of federal habeas corpus relief, the petitioners (all three of whom were convicted in a Florida court on a charge of rape) contend that the decision was wrong for these reasons: (i) a car belonging to petitioner Smalley was illegally searched without a warrant or his consent with the damaging fruits being introduced against all, (ii) a statement made by petitioner Gissendanner at the time of his...

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