Eddie Fuller v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Fifth Circuit

Eddie Fuller v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

486 F.2d 1050, 1973 U.S. App. LEXIS 6923

Court of Appeals for the Fifth Circuit·Decided November 20, 1973·No. 73-2384·Published

Opinion

PER CURIAM:

Petitioner’s habeas petition alleges constitutional defects the existence of which can only be adequately determined by examination of the state trial record, or should that prove fruitless, after an evidentiary hearing in the District Court. See Gerzin v. Beto, 459 F.2d 671 (CA5 1972). As we construe the order denying the petition — although we are not entirely free from doubt — it appears that the District Court did not have the record for examination and did not conduct an evidentiary hearing. 1

Vacated and remanded.

1

. If our construction is wrong, the case can be returned to us without the necessity of redocketing, with a copy of the state court record made a part of the appellate record.

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PER CURIAM:

Petitioner’s habeas petition alleges constitutional defects the existence of which can only be adequately determined by examination of the state trial record, or should that prove fruitless, after an evidentiary hearing in the District Court. See Gerzin v. Beto, 459 F.2d 671 (CA5 1972). As we construe the order denying the petition — although we are not entirely free from doubt — it appears that the District Court did not have the record for examination and did not conduct an evidentiary hearing. 1

Vacated and remanded.

1

. If our construction is wrong, the case can be returned to us without the necessity of redocketing, with a copy of the state court record made a part of the appellate record.

Eddie Fuller v. Louie L. Wainwright, Director, Division of Corrections, State of Florida, 486 F.2d 1050, 1973 U.S. App. LEXIS 6923 (5th Cir. 1973).

Pincite

486 F.2d 1050 (Eddie Fuller v. Louie L. Wainwright, Director, Division of Corrections, State of Florida) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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