Robert Alphee Trepanier v. Louis L. Wainwright, Director, Division of Corrections, State of Florida

Fifth Circuit

Robert Alphee Trepanier v. Louis L. Wainwright, Director, Division of Corrections, State of Florida

433 F.2d 1312, 1970 U.S. App. LEXIS 6156

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 2, 1970

Docket27621

StatusPublished

This text of 433 F.2d 1312 (Robert Alphee Trepanier v. Louis L. Wainwright, Director, Division of Corrections, State of Florida) 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.

Bluebook

Robert Alphee Trepanier v. Louis L. Wainwright, Director, Division of Corrections, State of Florida, 433 F.2d 1312, 1970 U.S. App. LEXIS 6156 (5th Cir. 1970).

Pincite

Opinion

PER CURIAM:

This is an appeal from the denial by the trial court of appellant’s petition for habeas corpus after an evidentiary hearing on the claim of lack of counsel was held.

The evidentiary hearing was held in the United States District Court without the benefit of the state court record. Appellant and the State agree that although efforts were made to find such record, the efforts had been fruitless. Now, it appears, the state court record has been found, and counsel for the State agrees with appellant that the case should be remanded to the trial court for a further hearing, with the state court record available.

The judgment is reversed and the case is remanded to the trial court for further proceedings during which the trial court will consider the state record and such further evidence as may be necessary in light of the facts thus developed.

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PER CURIAM:

This is an appeal from the denial by the trial court of appellant’s petition for habeas corpus after an evidentiary hearing on the claim of lack of counsel was held.

The evidentiary hearing was held in the United States District Court without the benefit of the state court record. Appellant and the State agree that although efforts were made to find such record, the efforts had been fruitless. Now, it appears, the state court record has been found, and counsel for the State agrees with appellant that the case should be remanded to the trial court for a further hearing, with the state court record available.

The judgment is reversed and the case is remanded to the trial court for further proceedings during which the trial court will consider the state record and such further evidence as may be necessary in light of the facts thus developed.

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Bluebook (online)

433 F.2d 1312, 1970 U.S. App. LEXIS 6156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-alphee-trepanier-v-louis-l-wainwright-director-division-of-ca5-1970.