Henry Frank Bowden v. Louie Wainwright, Director, Division of Corrections, State of Florida

Fifth Circuit

Henry Frank Bowden v. Louie Wainwright, Director, Division of Corrections, State of Florida

371 F.2d 440

Court of Appeals for the Fifth Circuit·Decided January 27, 1967·No. 23544_1·Published

Opinion

PER CURIAM:

The Petitioner, his conviction having been- affirmed by the Florida District Court of Appeal, here challenges denial of writ of habeas corpus by the Federal District Court. The petition asserted an alleged violation of Petitioner’s right to compulsory process for the procurement of witnesses in his behalf, secured to him under the Federal Constitution. Assuming, without deciding, that the Petitioner has exhausted his State remedies, cf. Fla.Stat.Ann. § 924 Appendix Rule 1 (Supp.1965); In re Criminal Procedure Rule No. 1, Fla., 1963, 151 So.2d 634, 635, we have no doubt that the District Court’s denial of habeas corpus was proper, substantially for the reasons earlier set forth by the Florida District Court of Appeal. Bowden v. State of Florida, 1962, 137 So.2d 621.

Affirmed.

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PER CURIAM:

The Petitioner, his conviction having been- affirmed by the Florida District Court of Appeal, here challenges denial of writ of habeas corpus by the Federal District Court. The petition asserted an alleged violation of Petitioner’s right to compulsory process for the procurement of witnesses in his behalf, secured to him under the Federal Constitution. Assuming, without deciding, that the Petitioner has exhausted his State remedies, cf. Fla.Stat.Ann. § 924 Appendix Rule 1 (Supp.1965); In re Criminal Procedure Rule No. 1, Fla., 1963, 151 So.2d 634, 635, we have no doubt that the District Court’s denial of habeas corpus was proper, substantially for the reasons earlier set forth by the Florida District Court of Appeal. Bowden v. State of Florida, 1962, 137 So.2d 621.

Affirmed.

Henry Frank Bowden v. Louie Wainwright, Director, Division of Corrections, State of Florida, 371 F.2d 440 (5th Cir. 1967).

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371 F.2d 440 (Henry Frank Bowden v. Louie 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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