James Clay Martin, Jr. v. United States

TUTTLE, Circuit Judge:

This is the second appeal from the denial by the trial court of a motion, under 28 U.S.C.A. Section 2255, to vacate Martin’s conviction and twelve year sentence for bank robbery. On the earlier appeal, Martin sought to obtain review of the denial of his motion which he based on six separate alleged errors relating to his trial. 1 Without making any mention of the other five, this court dealt with one, spoken of throughout as Number Five. See Martin v. United States, 5th Cir. 1971, 447 F.2d 985. Touching on this point, which was that Martin’s identification was “tainted”…