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George Paul Cook v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

George Paul COOK, Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Appellee

Cook v. Wainwright, 402 F.2d 294 (5th Cir. 1968)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
October 28, 1968
Docket
No. 25926
Judges
Bell, Morgan, Guinn
Citations
402 F.2d 294

Opinion — Per Curiam

PER CURIAM:

Appellant-petitioner, a Florida state prisoner released on a conditional pardon under supervision for life, sought habeas corpus relief on the grounds that the state suppressed evidence on his trial material to his defense and also knowingly used perjured testimony. The district court, after a comprehensive evidentiary hearing, concluded that petitioner’s proof fell short of the mark and denied relief.

The burden was on petitioner to establish his allegations by a preponderance of the evidence. Walker v. Johnston, 1941, 312 U.S. 275, 286 , 61 S.Ct. 574 , 85 L.Ed. 830 ; Williams v. Beto, 5 Cir., 1965, 354 F.2d 698, 704 . Based on an examination of the evidence, we are of the firm view that the district court was correct. The relief was properly denied.

Affirmed.

How later courts describe this case

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

1970: 219702026peak 1970 · 2

Relies on it most ⓘ

  1. Alex Reizenstein v. Maurice Sigler428 F.2d 702 (8th Cir. 1970)
  2. Conyers v. Wainwright309 F. Supp. 1101 (S.D. Fla. 1970)

Most recent

  1. Alex Reizenstein v. Maurice Sigler428 F.2d 702 (8th Cir. 1970)
  2. Conyers v. Wainwright309 F. Supp. 1101 (S.D. Fla. 1970)

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 2

DepthCaseCited by
Walker v. Johnston, 312 U.S. 275 (1941) 636
Williams v. Beto, 354 F.2d 698 (5th Cir. 1966) 250

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