Gordon R. Morris v. Dr. George J. Beto, Director, Texas Department of Corrections

Fifth Circuit

Gordon R. Morris v. Dr. George J. Beto, Director, Texas Department of Corrections

376 F.2d 845, 1967 U.S. App. LEXIS 6513

Court of Appeals for the Fifth Circuit·Decided May 4, 1967·No. 23795_1·Published·Cited by 3 cases

Opinion

PER CURIAM:

Gordon Morris, a state prisoner, appeals from a denial by the district court of a habeas corpus petition following a full and complete hearing. Appellant’s first contention that the prosecution suppressed evidence favorable to him is without merit. The record shows that the evidence was known by, and available to, the defense. As to the second contention that appellant received ineffective assistance of counsel, the district judge made explicit findings that the appointed attorneys diligently prepared and presented the defense, and exercised their best professional judgment in calling those witnesses whose testimony appeared,favorable, and in not presenting evidence- appearing harmful, to their client. There is ample evidence to support these findings which plainly are not clearly erroneous. Rule 52(a), F.R.Civ.P.

The judgment is affirmed.

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PER CURIAM:

Gordon Morris, a state prisoner, appeals from a denial by the district court of a habeas corpus petition following a full and complete hearing. Appellant’s first contention that the prosecution suppressed evidence favorable to him is without merit. The record shows that the evidence was known by, and available to, the defense. As to the second contention that appellant received ineffective assistance of counsel, the district judge made explicit findings that the appointed attorneys diligently prepared and presented the defense, and exercised their best professional judgment in calling those witnesses whose testimony appeared,favorable, and in not presenting evidence- appearing harmful, to their client. There is ample evidence to support these findings which plainly are not clearly erroneous. Rule 52(a), F.R.Civ.P.

The judgment is affirmed.

Gordon R. Morris v. Dr. George J. Beto, Director, Texas Department of Corrections, 376 F.2d 845, 1967 U.S. App. LEXIS 6513 (5th Cir. 1967).

Pincite

376 F.2d 845 (Gordon R. Morris v. Dr. George J. Beto, Director, Texas Department of Corrections) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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