James Edward Padgett v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Fifth Circuit

James Edward Padgett v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

387 F.2d 387

Court of Appeals for the Fifth Circuit·Decided February 6, 1968·No. 24720·Published

Opinion

PER CURIAM:

This appellant from denial of a writ of habeas corpus is a Florida State convict serving a life sentence imposed upon conviction for first degree murder. There was no direct appeal, but the appellant exhausted his State post-conviction remedies as is required by 28 U.S.C.A. § 2254.

Following a full evidentiary hearing, the United States District Court granted habeas corpus relief on the authority of Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1963). This Court reversed because Escobedo is not retrospective in effect, Johnson v. State of New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882 (1966), but remanded for adjudication of the issue of voluntariness of the alleged confession under pr e-Escobedo standards. Wainwright v. Padgett, 5 Cir., 1966, 363 F.2d 822.

In obedience to our mandate, the District Court held another evidentiary hearing at which the appellant and other witnesses testified. The habeas corpus was then denied for the reason that the District Court found appellant’s signed statement of July 15, 1959, to have been voluntarily made. A review of this voluminous record convinces us that the judgment should be affirmed, Smith v. Heard, 5 Cir., 1963, 315 F.2d 692.

Affirmed.

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PER CURIAM:

This appellant from denial of a writ of habeas corpus is a Florida State convict serving a life sentence imposed upon conviction for first degree murder. There was no direct appeal, but the appellant exhausted his State post-conviction remedies as is required by 28 U.S.C.A. § 2254.

Following a full evidentiary hearing, the United States District Court granted habeas corpus relief on the authority of Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1963). This Court reversed because Escobedo is not retrospective in effect, Johnson v. State of New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882 (1966), but remanded for adjudication of the issue of voluntariness of the alleged confession under pr e-Escobedo standards. Wainwright v. Padgett, 5 Cir., 1966, 363 F.2d 822.

In obedience to our mandate, the District Court held another evidentiary hearing at which the appellant and other witnesses testified. The habeas corpus was then denied for the reason that the District Court found appellant’s signed statement of July 15, 1959, to have been voluntarily made. A review of this voluminous record convinces us that the judgment should be affirmed, Smith v. Heard, 5 Cir., 1963, 315 F.2d 692.

Affirmed.

James Edward Padgett v. Louie L. Wainwright, Director, Division of Corrections, State of Florida, 387 F.2d 387 (5th Cir. 1968).

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387 F.2d 387 (James Edward Padgett v. Louie L. 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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