Legal Opinion
Edward Garrett Hoskins v. Louie L. Wainwright, Director, Division of Corrections, State of Florida
Court of Appeals for the Fifth Circuit
Decided December 21, 1972No. 72-2500PublishedCited by 5 opinions
1Per curiam
This appeal follows an evidentiary hearing mandated in Hoskins v. Wainwright, 5 Cir., 1971, 440 F.2d 69. On remand the District Court adopted the findings of a special master who found that there was no prejudice to appellant from the delay between indictment and trial.
We must follow Henderson v. Circuit Court of the Tenth Judicial Circuit, State of Alabama, 5 Cir., 1968, 392 F.2d 551 — which predates Smith v. Hooey, 1969, 393 U.S. 374, 89 S.Ct. 575, 21 L.Ed. 2d 607 and is still the law for the times in question here — and likewise conclude that there was no inordinate delay. The state did…
2Cases cited3 opinions
- Smith v. HooeySupreme Court of the United States · 1969
- Edward Garrett Hoskins v. L. L. Wainwright, Director, Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1971
- Leroy Henderson v. Circuit Court of the Tenth Judicial Circuit, State of AlabamaCourt of Appeals for the Fifth Circuit · 1968
3Cited by5 opinions
- Thomas R. Prince v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1975
- Edward Garrett Hoskins v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1973
- United States v. SalzmannDistrict Court, E.D. New York · 1976
- Tillery v. WeitzenfeldCourt of Appeals for the Fifth Circuit · 1974
- Larry L. Tillery, 28355-120 v. Richard W. Weitzenfeld, as Sheriff of Manatee County, Florida, Etc., No. 73-2632 Summary Calendar. Rule 18, 5 Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Company of New York, 5 Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1974