Legal Opinion

John A. Braxton v. Louie L. Wainwright, Director, Florida Division of Corrections

Court of Appeals for the Fifth Circuit

Decided February 28, 1973No. 72-3518PublishedCited by 1 opinion

1Per curiam

Braxton’s petition for habeas corpus relief from his Florida conviction and sentence was denied by the court below, and he appeals. The sole question raised, the claim of knowing use by state officials of perjured testimony at his trial, had been decided adversely to petitioner-appellant at a full evidentiary hearing by his trial court. The District Court of Appeals of Florida affirmed the trial court on appeal.

The federal habeas petition was denied by the court below without evidentiary hearing, on the basis that an adequate hearing on the state level satisfied the requirements of Townsend…

2Cases cited4 opinions

  1. Townsend v. SainSupreme Court of the United States · 1963
  2. Roland Tyler v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1968
  3. Roy Edward Gotcher v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1971
  4. Dominick Angel Bretti v. Louie L. Wainwright, Director, Division of Corrections, State of Florida, No. 29811 Summary Calendar. Rule 18, 5th Cir. See Isbell Enterprises, Inc v. Citizens Casualty Co. Of New York, 5 Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1971

3Cited by1 opinion

  1. Paulson v. State of FloridaDistrict Court, S.D. Florida · 1973

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