486 F2d 1050 Fuller v. L Wainwright
486 F.2d 1050
Eddie FULLER, Petitioner-Appellant,
Louie L. WAINWRIGHT, Director, Division of Corrections,
State of Florida, Respondent-Appellee.
No. 73-2384 Summary Calendar.*
United States Court of Appeals,
Nov. 20, 1973.
Eddie Fuller, pro se.
William W. Herring, Asst. Atty. Gen., Frank B. Kessler, West Palm Beach, Fla., for respondent-appellee.
Before BELL, GODBOLD and GEE, Circuit Judges.
Petitioner's habeas petition alleges constitutional defects the existence of which can only be adequately determined by examination of the state trial record, or should that prove fruitless, after an evidentiary hearing in the District Court. See Gerzin v. Beto, 459 F.2d 671 (CA5 1972). As we construe the order denying the petition-although we are not entirely free from doubt-it appears that the District Court did not have the record for examination and did not conduct an evidentiary hearing.1
Vacated and remanded.