WILLIAMS v. WAINWRIGHT

No. 73-3695.

502 F.2d 1115 (1974)

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

United States Court of Appeals, Fifth Circuit.

October 24, 1974.


Attorney(s) appearing for the Case

William L. Rogers, Asst. Atty. Gen., Miami, Fla., for respondent-appellant.

Timothy J. Armstrong, Miami, Fla. (Court-appointed), for petitioner-appellee.

Before TUTTLE, THORNBERRY and SIMPSON, Circuit Judges.


THORNBERRY, Circuit Judge:

In this habeas case the only issue before us is whether the admission of evidence concerning offenses committed by the petitioner after the alleged crime for which he was then on trial, for the purpose of impeaching his testimony on direct examination that he had committed no such offenses, violated his right to due process under the Fourteenth Amendment. The district judge concluded that it did, but apparently only because he erroneously...

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