Legal Opinion

Julian R. Fitzgerald v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Court of Appeals for the Fifth Circuit

Decided April 7, 1971No. 29493_1PublishedCited by 10 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

Appellant, Fitzgerald, appeals from the District Courts’ denial of his writ of habeas corpus, without an evidentiary hearing, by which Appellant seeks relief from his Florida state convictions of breaking and entering and possession of burglary tools. After appointing counsel to assist Appellant in his appeal, the Florida Courts affirmed his conviction. Fitzgerald v. State, Fla.App., 1967, 203 So.2d 511.

In the habeas corpus petition Appellant makes the following six contentions: (i) his arrest was illegal, (ii) evidence used against him was seized as a result of the…

2Cases cited28 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Miranda v. ArizonaSupreme Court of the United States · 1966
  3. Chapman v. CaliforniaSupreme Court of the United States · 1967
  4. Johnson v. ZerbstSupreme Court of the United States · 1938
  5. Griffin v. IllinoisSupreme Court of the United States · 1956

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3Cited by10 opinions

  1. Julius Hairston v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1972
  2. Charlie Mobley, Jr. v. Lamont Smith, Warden, Georgia State Prison, Reidsville, Ga., No. 31146 Summary Calendar. Rule 18, 5 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
  3. Charlie Mobley, Jr. v. Lamont Smith, Warden, Georgia State Prison, Reidsville, Ga.Court of Appeals for the Fifth Circuit · 1971
  4. Favor v. HendersonDistrict Court, W.D. Louisiana · 1972
  5. Grimes v. WainwrightDistrict Court, N.D. Florida · 1972

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