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Robert T. Mathis v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Robert T. MATHIS, Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Appellee

Mathis v. Wainwright, 351 F.2d 489 (5th Cir. 1965)
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Subsequent history: aff'd sub nom. Comm'r v. Estate of Bosch, 387 U.S. 456 (1967). (read from the later opinion; check before relying)

Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
November 5, 1965
Docket
No. 22436_1
Judges
Tuttle, Thornberry, Carswell
Citations
351 F.2d 489

Opinion — Per Curiam

PER CURIAM:

The judgment of the trial court denying the petition for habeas corpus from a state court conviction is affirmed.

Appellant’s complaint that the trial court failed to invoke the rule of sequestration of witnesses does not raise a question that can be reached by federal habeas corpus, since such denial does not amount to a deprivation of appellant’s constitutional rights, United States v. Brooks, 6 Cir., 303 F.2d 851 .

The contention that appellant’s constitutional rights were denied him by the knowing use by the State of perjured testimony has not been presented to the state court for relief. It can therefore not be considered here. So, too, was there a failure by the appellant to present to the state court his contention that there had been an illegal exclusion of Negroes from the jury.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1966: 11968: 21971: 11982: 11996: 12008: 22023: 119662026peak 1968 · 2

Relies on it most ⓘ

  1. State v. Williams960 A.2d 805 (N.J. Super. Ct. App. Div. 2008)
  2. United States v. Edwards526 F.3d 747 (11th Cir. 2008)
  3. State v. Beltran-Felix922 P.2d 30 (Utah Ct. App. 1996)
  4. King v. Cook287 F. Supp. 269 (N.D. Miss. 1968)
  5. Harris Percy Wynn v. Samuel L. Smith, Warden, Georgia State Prison, Reidsville, Ga.446 F.2d 341 (5th Cir. 1971)
  6. Rock v. Zimmerman543 F. Supp. 179 (M.D. Penn. 1982)

Most recent

  1. Feodis Beal v. Commonwealth of KentuckyNo. 2021 CA 001422 (Ky. Ct. App. Jan. 26, 2023)
  2. State v. Williams960 A.2d 805 (N.J. Super. Ct. App. Div. 2008)
  3. United States v. Edwards526 F.3d 747 (11th Cir. 2008)
  4. State v. Beltran-Felix922 P.2d 30 (Utah Ct. App. 1996)
  5. Rock v. Zimmerman543 F. Supp. 179 (M.D. Penn. 1982)
  6. Harris Percy Wynn v. Samuel L. Smith, Warden, Georgia State Prison, Reidsville, Ga.446 F.2d 341 (5th Cir. 1971)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
United States v. Brooks, 303 F.2d 851 (6th Cir. 1962) 19

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