Legal Opinion

Roy L. Malone v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Court of Appeals for the Fifth Circuit

Decided November 13, 1970No. 30058PublishedCited by 1 opinion

1Per curiam

This appeal is taken from an order of the district court denying the petition of a Florida state convict for the writ of habeas corpus. We reverse and remand for further proceedings below.

Appellant is presently serving a ten-year sentence, having been convicted up on trial by jury of third-degree murder. 1 On direct appeal conviction was affirmed. Malone v. State, Fla.App.1967, 195 So .2d 53.

Appellant sought post-conviction relief in the state court pursuant to Rule 1.850, Fla.R.Crim.P. 33 F.S..A. Relief was denied without an evidentiary hearing. The Florida Court of Appeals affirmed without…

2Cases cited6 opinions

Brown v. AllenSupreme Court of the United States · 1953
Johnny Leo Hill v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1968
John Robert Welch v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1968
Robert Earl Williams v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1969
Frank Lee, Jr. v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1970

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

Roy L. Malone v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1970