PRUITT v. HOUSEWRIGHT

No. 80-1060.

624 F.2d 851 (1980)

John David PRUITT, Appellant, v. Vernon HOUSEWRIGHT, Director, Arkansas Department of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 9, 1980.


Attorney(s) appearing for the Case

Merl O. Barns, Howell & Price, Little Rock, Ark., for appellant.

Steve Clark, Atty. Gen. and Mary Davies Scott, Asst. Atty. Gen., Little Rock, Ark., for appellee.

Before BRIGHT, HENLEY and McMILLIAN, Circuit Judges.


HENLEY, Circuit Judge.

The district court1 denied John D. Pruitt's petition for writ of habeas corpus, and he appeals claiming the district court erred (1) in denying his application for a certificate of probable cause,2 and (2) by failing to grant him an evidentiary hearing.

In 1969 Pruitt was jury tried and convicted in state court of raping his eight year old sister-in-law. He was sentenced to life...

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