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U.S. Court of Appeals for the Fifth Circuit, 1968

William Chester Cole v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

William Chester Cole v. Louie L. Wainwright, Director, Division of Corrections, State of Florida
U.S. Court of Appeals for the Fifth Circuit · Decided July 22, 1968 · Tuttle, Clayton
397 F.2d 810; 1968 U.S. App. LEXIS 6014 (Federal Reporter, Second Series)

William Chester Cole v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

Opinion

PER CURIAM:

The allegations of the petitioner are of such a nature as to require a hearing under 28 U.S.C.A. § 2243. It could not *811 appear from the application and the file supplied by the state “ that the applicant * * * [was] not entitled” to the writ.

The Judgment is reversed. The case is remanded to the trial court for the purpose of conducting a hearing.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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