Dennis Manaford Whitney v. Louie L. Wainwright, Director of Division of Corrections, State of Florida

The District Court denied the Petition for Writ of Habeas Corpus and also declined to issue a Certificate of Probable Cause, 28 U.S.C.A. § 2253. The District Court’s findings and conclusions in the Order denying the Petition for Habeas Corpus reflect that the Petition was considered solely on the basis of the report filed by the Commissioner theretofore appointed by the Supreme Court of Florida. Whitney v. Cochran, Sup.Ct. of Fla., 1963, 152 So.2d 727, 729, cert. denied, 1963, 375 U.S. 888, 84 S.Ct. 166, 11 L.Ed. 2d 118.

In this capital case, we cannot say that the question of whether the…