HUDSON v. STATE OF ALABAMA

No. 73-3467 Summary Calendar.

493 F.2d 171 (1974)

Joe Ed HUDSON, Petitioner-Appellant, v. STATE OF ALABAMA, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 24, 1974.


Attorney(s) appearing for the Case

Edwin K. Livingston, Montgomery, Ala. (court-appointed), for petitioner-appellant.

William J. Baxley, Atty. Gen., David W. Clark, Asst. Atty. Gen., Kent B. Brunson, Legal Research Aide, Montgomery, Ala., for respondent-appellee.

Before BROWN, Chief Judge, and THORNBERRY and AINSWORTH, Circuit Judges.


PER CURIAM:

Hudson appeals a denial of his petition for habeas corpus following a full evidentiary hearing in which the District Judge found insufficient evidence to support a claim of ineffective assistance of counsel at petitioner's state trial in 1948. The Judge also concluded that the petitioner was barred by laches since he had not been reasonably diligent in asserting his rights. We do not feel that laches should bar the application of constitutional principles...

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