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

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

George Paul Cook v. Louie L. Wainwright, Director, Division of Corrections, State of Florida
U.S. Court of Appeals for the Fifth Circuit · Decided October 28, 1968 · Bell, Morgan, Guinn
402 F.2d 294 (Federal Reporter, Second Series)

Counsel

Barry R. Nager, Orlando, Fla., for appellant., George R. Georgieff, Asst. Atty. Gen., Tallahassee, Fla., for appellee.

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

Cases that cite this one

2 later published cases cite this decision.

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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.

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