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421 F.2d 1399

Docket No. 28297.

Allen v. Stynchcombe

Fifth Circuit Court of Appeals

Decided Feb. 9, 1970.

Fifth Circuit Court of Appeals · decided 1970-02-09

Cited by 8 later decisions — most recently April 1974

7 federal appellate ·

2 counsel of record

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Townsend v. Sain · Allen v. Caldwell · 118 Ga. App. 354 - Allen v. State

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1970-02-09

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¶1*1400Frank B. Hester, Atlanta, Ga., for appellant.

¶2Tony H. Hight, Asst. Dist. Atty., Atlanta Judicial Dist., Joel M. Feldman, Asst. Dist. Atty., William R. Childers, Jr., Atlanta, Ga., for appellee.

¶3Before JONES, BELL, and GOD-BOLD, Circuit Judges.

¶4PER CURIAM:

¶5This appeal is from the denial of a petition for writ of habeas corpus without an evidentiary hearing. The contention is that a plea of guilty was induced by the promises of a deceased state prosecutor. Collateral relief has been twice sought, without success, in the state courts on the same ground. Allen v. Caldwell, 1968, 224 Ga. 47, 159 S.E.2d 289; Allen v. State, 1968, 118 Ga.App. 354,163 S.E.2d 839.

¶6The district court here concluded that the records made in the state courts were such as not to require a further ev-identiary hearing in the federal habeas court. The court then made its own conclusions of law, based on the state records, that appellant had been afforded full and fair hearings in the state court, that the state court factual findings were amply supported, and that the plea of guilty was entered voluntarily.

¶7The procedure followed by the district court was precisely that taught in Townsend v. Sain, 1963, 372 U.S. 293, 312-314, 318, 83 S.Ct. 745, 9 L.Ed.2d 770. See also 28 U.S.C.A. § 2254, as amended November 2, 1966. The district court did not err in the procedure used nor do we find error in the result reached.

¶8Affirmed.

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