Levi Jones v. Wilburn C. Johnson, Warden

Sixth Circuit

Levi Jones v. Wilburn C. Johnson, Warden

359 F.2d 426, 1966 U.S. App. LEXIS 6290

CourtCourt of Appeals for the Sixth Circuit

DecidedMay 4, 1966

Docket16546

StatusPublished

This text of 359 F.2d 426 (Levi Jones v. Wilburn C. Johnson, Warden) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Levi Jones v. Wilburn C. Johnson, Warden, 359 F.2d 426, 1966 U.S. App. LEXIS 6290 (6th Cir. 1966).

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Opinion

PER CURIAM.

Petitioner was convicted in the State criminal court on his plea of guilty of murder in the second degree and was sentenced to a term of not more than twenty years. He had been indicted for first degree murder. The murder grew out of a crap game in which the decedent is alleged to have short-changed petitioner one dollar of his winnings. The handwritten petition filed in the district court admits that petitioner shot and killed the decedent in Memphis, Shelby County, Tennessee. There were several eye-witnesses to the murder.

The State court denied habeas corpus and the Supreme Court of Tennessee affirmed in a comprehensive unpublished opinion.

After a full evidentiary hearing, the district court ruled that petitioner failed to carry his burden of proof of showing any violation of a federal constitutional right at the time of his trial and conviction in the State court.

The petitioner contends that he was denied effective representation of counsel and that his plea of guilty was not entered freely and voluntarily. The record shows that petitioner first was represented by an attorney employed by his father and later by the Public Defender, both highly reputable members of the bar at Memphis, Tennessee.

This court is of the opinion that no rights of petitioner under the constitution of the United States are shown to have been violated.

Affirmed.

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PER CURIAM.

Petitioner was convicted in the State criminal court on his plea of guilty of murder in the second degree and was sentenced to a term of not more than twenty years. He had been indicted for first degree murder. The murder grew out of a crap game in which the decedent is alleged to have short-changed petitioner one dollar of his winnings. The handwritten petition filed in the district court admits that petitioner shot and killed the decedent in Memphis, Shelby County, Tennessee. There were several eye-witnesses to the murder.

The State court denied habeas corpus and the Supreme Court of Tennessee affirmed in a comprehensive unpublished opinion.

After a full evidentiary hearing, the district court ruled that petitioner failed to carry his burden of proof of showing any violation of a federal constitutional right at the time of his trial and conviction in the State court.

The petitioner contends that he was denied effective representation of counsel and that his plea of guilty was not entered freely and voluntarily. The record shows that petitioner first was represented by an attorney employed by his father and later by the Public Defender, both highly reputable members of the bar at Memphis, Tennessee.

This court is of the opinion that no rights of petitioner under the constitution of the United States are shown to have been violated.

Affirmed.

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Bluebook (online)

359 F.2d 426, 1966 U.S. App. LEXIS 6290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levi-jones-v-wilburn-c-johnson-warden-ca6-1966.

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