U.S. Court of Appeals for the Fifth Circuit, 1976

Bryant v. Wainwright

U.S. Court of Appeals for the Fifth Circuit · Decided March 19, 1976 · Coleman, Gee, Goldberg

528 F.2d 985 (Federal Reporter, Second Series)

Counsel

Bobby Allen Bryant, pro se., Arthur Joel Berger, Asst. Atty. Gen., Miami, Fla., for defendant-appellee.

Cases that cite this one

1 later published case cites this decision.

Bobby Allen Bryant v. Louie L. Wainwright, Director, Florida Division of Corrections (5th Cir. 1976)

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 of the Court

PER CURIAM:

Appellee’s motion to dismiss on the basis that the notice of appeal was not timely filed is denied. Appellant contends that the district court erred in denying his habeas corpus petition without an evidentiary hearing. As grounds appellant alleges that: (1) he was unconstitutionally resentenced to life imprisonment when his death sentence was set *986aside; (2) his counsel’s failure to challenge the petit jury did not constitute a waiver; and (3) his Sixth Amendment rights were violated by the denial of representation of counsel at his preliminary hearing. We find no merit in any of these contentions.

Affirmed. See Local Rule 18.

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