Sylvester McKinon v. Louie L. Wainwright

Sylvester McKinon, a Florida state prisoner, appeals the district court’s denial of his petition for writ of habeas corpus, 28 U.S.C. § 2254.

McKinon was charged in state court with assault with intent to commit murder in the first degree. He was convicted of assault with intent to commit murder in the second degree and was sentenced to fifteen years imprisonment. On direct appeal, his conviction was affirmed without opinion. McKinnon v. State, 272 So.2d 570 (Fla. 2d DCA 1973). Petitioner’s subsequent motion to vacate judgment was denied without hearing. On appeal of this denial, petitioner’s…