Ernest Lee Emmett v. R. P. Balkcom, Jr., Warden, Georgia State Prison

Fifth Circuit

Ernest Lee Emmett v. R. P. Balkcom, Jr., Warden, Georgia State Prison

358 F.2d 302, 1966 U.S. App. LEXIS 6738

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 25, 1966

Docket22815

StatusPublished

Cited by4 cases

This text of 358 F.2d 302 (Ernest Lee Emmett v. R. P. Balkcom, Jr., Warden, Georgia State Prison) 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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Ernest Lee Emmett v. R. P. Balkcom, Jr., Warden, Georgia State Prison, 358 F.2d 302, 1966 U.S. App. LEXIS 6738 (5th Cir. 1966).

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Opinion

PER CURIAM:

Appellant is a prisoner of the State of Georgia, serving multiple sentences pursuant to guilty pleas to numerous charges of robbery. He seeks federal habeas corpus on the ground that he was not represented by counsel in the State Court, that an involuntary confession was used against him, and that he had no preliminary arraignment or hearing. The District Court, from which this appeal was taken, granted the petitioner a full evidentiary hearing, in which he was represented by counsel, was permitted to appear personally, and gave testimony. Upon consideration of all the proof, the trial judge found that appellant was, in fact, represented by counsel in the State Court. This finding is supported by evidence and is thus not subject to reversal here.

Appellant cannot now complain of any lack of preliminary hearing or as to any- confession he may have given, as these elements disappeared from the case when he entered his plea of guilty.

No certificate of probable cause has been granted and treating the appeal as an application for such certificate, the same is

Denied.

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PER CURIAM:

Appellant is a prisoner of the State of Georgia, serving multiple sentences pursuant to guilty pleas to numerous charges of robbery. He seeks federal habeas corpus on the ground that he was not represented by counsel in the State Court, that an involuntary confession was used against him, and that he had no preliminary arraignment or hearing. The District Court, from which this appeal was taken, granted the petitioner a full evidentiary hearing, in which he was represented by counsel, was permitted to appear personally, and gave testimony. Upon consideration of all the proof, the trial judge found that appellant was, in fact, represented by counsel in the State Court. This finding is supported by evidence and is thus not subject to reversal here.

Appellant cannot now complain of any lack of preliminary hearing or as to any- confession he may have given, as these elements disappeared from the case when he entered his plea of guilty.

No certificate of probable cause has been granted and treating the appeal as an application for such certificate, the same is

Denied.

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358 F.2d 302, 1966 U.S. App. LEXIS 6738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ernest-lee-emmett-v-r-p-balkcom-jr-warden-georgia-state-prison-ca5-1966.

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