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

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 20, 1973

Docket73-2384

StatusPublished

This text of 486 F.2d 1050 (Eddie Fuller v. Louie L. Wainwright, Director, Division of Corrections, State of Florida) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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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).

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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.

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486 F.2d 1050, 1973 U.S. App. LEXIS 6923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eddie-fuller-v-louie-l-wainwright-director-division-of-corrections-ca5-1973.

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