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

U.S. Court of Appeals for the Fifth Circuit
George Paul Cook v. Louie L. Wainwright, Director, Division of Corrections, State of Florida, 402 F.2d 294 (5th Cir. 1968)

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

Opinion

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.

Reference

Full Case Name
George Paul COOK, Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Appellee
Cited By
2 cases
Status
Published