James Kelly McCoy v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Fifth Circuit

James Kelly McCoy v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

396 F.2d 818, 1968 U.S. App. LEXIS 6507

Court of Appeals for the Fifth Circuit·Decided June 17, 1968·No. 25416_1·Published·Cited by 12 cases

Opinion

PER CURIAM:

This is an appeal from denial of habeas corpus to a Florida prisoner who was convicted on April 10, 1964 of second degree murder.

In this pre-Escobedo, pre-M i randa case, the district court, sitting in habeas corpus, held a plenary hearing on appellant’s contention that his confession was involuntary and considered, as well, his other allegations that the trial court erred in refusing to grant a mistrial on the ground that the jury saw him in handcuffs, that the trial court erred in refusing to give certain requested jury instructions and that the absence of a preliminary hearing constituted a deprivation of due process. A review of the transcript of the hearing below, and of the record as a whole, leads us to the inescapable conclusion that the court’s findings of fact and conclusions of law were not clearly erroneous. Rule 52(a), Federal Rules of Civil Procedure.

Affirmed.

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PER CURIAM:

This is an appeal from denial of habeas corpus to a Florida prisoner who was convicted on April 10, 1964 of second degree murder.

In this pre-Escobedo, pre-M i randa case, the district court, sitting in habeas corpus, held a plenary hearing on appellant’s contention that his confession was involuntary and considered, as well, his other allegations that the trial court erred in refusing to grant a mistrial on the ground that the jury saw him in handcuffs, that the trial court erred in refusing to give certain requested jury instructions and that the absence of a preliminary hearing constituted a deprivation of due process. A review of the transcript of the hearing below, and of the record as a whole, leads us to the inescapable conclusion that the court’s findings of fact and conclusions of law were not clearly erroneous. Rule 52(a), Federal Rules of Civil Procedure.

Affirmed.

James Kelly McCoy v. Louie L. Wainwright, Director, Division of Corrections, State of Florida, 396 F.2d 818, 1968 U.S. App. LEXIS 6507 (5th Cir. 1968).

Pincite

396 F.2d 818 (James Kelly McCoy 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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