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371 F.2d 440

Docket No. 23544.

Bowden v. Wainwright

Fifth Circuit Court of Appeals

Decided Jan. 27, 1967.

Fifth Circuit Court of Appeals · decided 1967-01-27

Cited by 4 later decisions — most recently December 1971

2 federal appellate ·

2 counsel of record

Relies on In Re Criminal Procedure, Rule No. 1 · 137 So. 2d 621 - Bowden v. State · Binder v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1967-01-27

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¶1Edward C. Flood, Bartow, Fla., for appellant.

¶2George R. Georgieff, Asst. Atty. Gen., Tallahassee, Fla., for appellee.

¶3Before MARIS* BROWN and THORNBERRY, Circuit Judges.

¶5PER CURIAM:

¶6The Petitioner, his conviction having been- affirmed by the Florida District Court of Appeal, here challenges denial of writ of habeas corpus by the Federal District Court. The petition asserted an alleged violation of Petitioner’s right to compulsory process for the procurement of witnesses in his behalf, secured to him under the Federal Constitution. Assuming, without deciding, that the Petitioner has exhausted his State remedies, cf. Fla.Stat.Ann. § 924 Appendix Rule 1 (Supp.1965); In re Criminal Procedure Rule No. 1, Fla., 1963, 151 So.2d 634, 635, we have no doubt that the District Court’s denial of habeas corpus was proper, substantially for the reasons earlier set forth by the Florida District Court of Appeal. Bowden v. State of Florida, 1962, 137 So.2d 621.

¶7Affirmed.

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