Legal Opinion
Ambry D. Allen, Jr. v. Leroy Stynchcombe, Sheriff, Fulton County, Georgia
Court of Appeals for the Fifth Circuit
Decided February 9, 1970No. 28297PublishedCited by 5 opinions
1Per curiam
This 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.
The 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…
2Cases cited3 opinions
- Townsend v. SainSupreme Court of the United States · 1963
- Allen v. CaldwellSupreme Court of Georgia · 1968
- Allen v. StateCourt of Appeals of Georgia · 1968
3Cited by5 opinions
- Keith L. Shank v. S. Lamont Smith, Warden, Georgia State PrisonCourt of Appeals for the Fifth Circuit · 1970
- Marvin Fred Bauer v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1970
- Cedargreen v. BetoDistrict Court, S.D. Texas · 1972
- Clark v. HopperCourt of Appeals for the Fifth Circuit · 1974
- Lora Clark v. J. S. Hopper, Warden, Georgia State Prison, No. 73-3689 Summary Calendar. Rule 18, 5 Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, 5 Cir., 1970, 431 F.2d 409Court of Appeals for the Fifth Circuit · 1974