FREEMAN v. HENDERSON

No. 74-3480. Summary Calendar.

507 F.2d 1229 (1975)

Ernest FREEMAN, Petitioner-Appellant, v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 12, 1975.


Attorney(s) appearing for the Case

Ernest Freeman, pro se.

William J. Guste, Jr., Atty. Gen., Baton Rouge, La., Barbara B. Rutledge, Asst. Atty. Gen., John Baker, Joseph Tosterud, Asst. Dist. Attys., New Orleans, La., for respondent-appellee.

Before WISDOM, GOLDBERG and GEE, Circuit Judges.


PER CURIAM:

Freeman, convicted of armed robbery in the Orleans Parish Criminal District Court, petitions for a writ of habeas corpus. As noted by the court below, the state court record reveals that Freeman personally appeared in court and withdrew his appeal at a time when counsel had already put it in motion. That record also contains Freeman's letter to his counsel stating that he had made up his mind about the appeal and decided to take his chances in prison....

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