Cook v. Wainwright

Fifth Circuit Court of Appeals

October 28, 1968.

Fifth Circuit Court of Appeals · decided 1968-10-28

Cited by 1 later decisions — most recently June 1970

1 federal appellate ·

2 counsel of record

Relies on Spencer v. State of Texas a Bell · Walker v. Johnston · Williams v. Beto

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1968-10-28

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Barry R. Nager, Orlando, Fla., for appellant.

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

Before BELL and MORGAN, Circuit Judges and GUINN, District Judge.

PER CURIAM:

¶1

Appellant-petitioner, a Florida state prisoner released on a conditional pardon under supervision for life, sought habeas corpus relief on the grounds that the state suppressed evidence on his trial material to his defense and also knowingly used perjured testimony. The district court, after a comprehensive evidentiary hearing, concluded that petitioner's proof fell short of the mark and denied relief.

¶2

The burden was on petitioner to establish his allegations by a preponderance of the evidence. Walker v. Johnston, 1941, 312 U.S. 275, 286, 61 S.Ct. 574, 85 L.Ed. 830; Williams v. Beto, 5 Cir., 1965, 354 F.2d 698, 704. Based on an examination of the evidence, we are of the firm view that the district court was correct. The relief was properly denied.

¶3

Affirmed.