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Henry Frank Bowden v. Louie Wainwright, Director, Division of Corrections, State of Florida

Henry Frank BOWDEN, Appellant, v. Louie WAINWRIGHT, Director, Division of Corrections, State of Florida, Appellee

Bowden v. Wainwright, 371 F.2d 440 (5th Cir. 1967)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
January 27, 1967
Docket
No. 23544_1
Judges
Brown, Thornberry
Citations
371 F.2d 440

Opinion — Per Curiam

PER CURIAM:

The Petitioner, his conviction having been- affirmed by the Florida District Court of Appeal, here challenges denial of writ of habeas corpus by the Federal District Court. The petition asserted an alleged violation of Petitioner’s right to compulsory process for the procurement of witnesses in his behalf, secured to him under the Federal Constitution. Assuming, without deciding, that the Petitioner has exhausted his State remedies, cf. Fla.Stat.Ann. § 924 Appendix Rule 1 (Supp.1965); In re Criminal Procedure Rule No. 1, Fla., 1963, 151 So.2d 634, 635 , we have no doubt that the District Court’s denial of habeas corpus was proper, substantially for the reasons earlier set forth by the Florida District Court of Appeal. Bowden v. State of Florida, 1962, 137 So.2d 621 .

Affirmed.

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Authorities cited 2

DepthCaseCited by
In re Criminal Procedure, Rule No. 1, 151 So. 2d 634 (Fla. 1963) 25
Bowden v. State, 137 So. 2d 621 (Fla. Dist. Ct. App. 1962) 4

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