George Brown, Jr. v. Louie L. Wainwright, Director, Division of Correction, State of Florida

The opinion and judgment of this Court of May 30, 1978 are hereby withdrawn, and the following opinion substituted.

The District Court denied George Brown, Jr.’s petition for habeas corpus and he appeals. Brown contends that the District Court erred in failing to conduct an evidentiary hearing on his claims that: (i) evidence used against him at his trial was wrongfully seized in a warrantless arrest and search; (ii) he was charged by information rather than by indictment by a grand jury; and (iii) his life sentence for an armed robbery in which he netted only $71.00 was excessive.

The District…