Ned Welch v. W. C. Holman, Warden, Kilby Prison

Fifth Circuit

Ned Welch v. W. C. Holman, Warden, Kilby Prison

363 F.2d 36, 1966 U.S. App. LEXIS 5553

CourtCourt of Appeals for the Fifth Circuit

DecidedJuly 8, 1966

Docket23252_1

StatusPublished

Cited by2 cases

This text of 363 F.2d 36 (Ned Welch v. W. C. Holman, Warden, Kilby Prison) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ned Welch v. W. C. Holman, Warden, Kilby Prison, 363 F.2d 36, 1966 U.S. App. LEXIS 5553 (5th Cir. 1966).

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Opinion

PER CURIAM:

This is an appeal from the denial of a writ of habeas corpus. Appellant, represented by privately retained counsel, was convicted by jury in an Alabama State Court of robbery and sentenced to thirty-five years in prison. His direct appeal was dismissed by the Supreme Court of Alabama, and subsequent efforts to obtain relief in the Alabama State Courts have been denied. In his present habeas petition Appellant asserts that his confinement is unconstitutional on two grounds: (1) that the State Trial Court Judge excused certain prospective jurors for the week of court during which Appellant was tried at a time when Appellant was required to be, but was not, present; and (2) that Appellant was improperly denied a direct appeal by state officials.

The Court below appointed counsel to represent Appellant and conducted a full hearing. In an opinion which fully details the issues, the Court found no infringement of any constitutional right and denied relief. Welch v. Holman, D. C., 1965, 246 F.Supp. 971. We are in agreement with that conclusion.

Affirmed.

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PER CURIAM:

This is an appeal from the denial of a writ of habeas corpus. Appellant, represented by privately retained counsel, was convicted by jury in an Alabama State Court of robbery and sentenced to thirty-five years in prison. His direct appeal was dismissed by the Supreme Court of Alabama, and subsequent efforts to obtain relief in the Alabama State Courts have been denied. In his present habeas petition Appellant asserts that his confinement is unconstitutional on two grounds: (1) that the State Trial Court Judge excused certain prospective jurors for the week of court during which Appellant was tried at a time when Appellant was required to be, but was not, present; and (2) that Appellant was improperly denied a direct appeal by state officials.

The Court below appointed counsel to represent Appellant and conducted a full hearing. In an opinion which fully details the issues, the Court found no infringement of any constitutional right and denied relief. Welch v. Holman, D. C., 1965, 246 F.Supp. 971. We are in agreement with that conclusion.

Affirmed.

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363 F.2d 36, 1966 U.S. App. LEXIS 5553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ned-welch-v-w-c-holman-warden-kilby-prison-ca5-1966.

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