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

State of Florida v. Charles E. Horner

U.S. Court of Appeals for the Fifth Circuit · Decided August 8, 1968 · Wisdom, Coleman, Boyle

398 F.2d 880 (Federal Reporter, Second Series)

Counsel

George R. Georgieff, David U. Tumin, Asst. Attys. Gen., Tallahassee, Fla., Barry N. Semet, Miami, Fla., for appellant., John D. Corse, Jacksonville, Fla., for appellee.

Cases that cite this one

1 later published case cites this decision.

United States Ex Rel. Conomos v. LaVallee (District Court, S.D. New York 1973)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

The appellee, Charles E. Horner, was convicted of extortion and sentenced to imprisonment for ten years. The Florida District Court of Appeal affirmed, 149 So.2d 863. Both the Supreme Court of Florida, 162 So.2d 904, and the Supreme Court of the United States, 377 U.S. 268, 84 S.Ct. 1348, 12 L.Ed.2d 305, denied review. Numerous efforts for post conviction relief culminated in an evidentiary hearing on a petition for habeas corpus in the District Court for the Middle District of Florida. The Court there found and held that the record as a whole “overwhelmingly show[s] that Petitioner was deprived of the fair and impartial trial required by due process of law”. Florida appeals. Again viewing the totality of the record, including all component issues, factual and legal, we are not persuaded that the District Judge was in error.

The Judgment, therefore is

Affirmed.

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