Eugene 2x Jones v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Fifth Circuit

Eugene 2x Jones v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

494 F.2d 1184, 1974 U.S. App. LEXIS 8341

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 3, 1974

Docket74-1017

StatusPublished

Cited by2 cases

This text of 494 F.2d 1184 (Eugene 2x Jones 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.

Bluebook

Eugene 2x Jones v. Louie L. Wainwright, Director, Division of Corrections, State of Florida, 494 F.2d 1184, 1974 U.S. App. LEXIS 8341 (5th Cir. 1974).

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Opinion

PER CURIAM:

Eugene Jones pled guilty to armed robbery and was sentenced to life imprisonment by a Florida State Court. Later, he collaterally attacked his conviction, obtained an evidentiary hearing, and ultimately exhausted his state remedies without achieving his release. His subsequent petition for habeas corpus relief was denied by the United States District Court on the basis of the state court evidentiary hearing.

A complete review of the state transcript convinces us that Jones was given a full, fair and impartial evidentiary hearing in the state court as to his waiver of counsel which incorporated the issues concerning his confession and his guilty plea. Under Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963), the District Court was correct in not requiring an additional eviden-tiary hearing when the issues raised in the petition for writ of habeas corpus were the same as those fully and fairly developed during the state court proceeding. The state record amply supports the conclusion that Jones’ confession was not coerced, that his guilty plea was voluntary and intelligent, and that he knowingly and voluntarily waived counsel. This Court cannot review the credibility choices made by trial courts

Affirmed.

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PER CURIAM:

Eugene Jones pled guilty to armed robbery and was sentenced to life imprisonment by a Florida State Court. Later, he collaterally attacked his conviction, obtained an evidentiary hearing, and ultimately exhausted his state remedies without achieving his release. His subsequent petition for habeas corpus relief was denied by the United States District Court on the basis of the state court evidentiary hearing.

A complete review of the state transcript convinces us that Jones was given a full, fair and impartial evidentiary hearing in the state court as to his waiver of counsel which incorporated the issues concerning his confession and his guilty plea. Under Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963), the District Court was correct in not requiring an additional eviden-tiary hearing when the issues raised in the petition for writ of habeas corpus were the same as those fully and fairly developed during the state court proceeding. The state record amply supports the conclusion that Jones’ confession was not coerced, that his guilty plea was voluntary and intelligent, and that he knowingly and voluntarily waived counsel. This Court cannot review the credibility choices made by trial courts

Affirmed.

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Bluebook (online)

494 F.2d 1184, 1974 U.S. App. LEXIS 8341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eugene-2x-jones-v-louie-l-wainwright-director-division-of-corrections-ca5-1974.

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