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Mathis v. Wainwright

United States Court of Appeals, Fifth Circuit
Nov 5, 1965
351 F.2d 489 (5th Cir. 1965)

Summary

holding that the trial court's alleged failure to invoke the rule of sequestration of witnesses did not raise a question that was cognizable in a federal habeas corpus proceeding and did not amount to a deprivation of petitioner's constitutional rights

Summary of this case from Thorne v. Hollway

Opinion

No. 22436.

October 11, 1965. Rehearing Denied November 5, 1965.

Earl Faircloth, Atty. Gen., William D. Roth, Asst. Atty. Gen., Tallahassee, Fla., for appellee.

Before TUTTLE, Chief Judge, THORNBERRY, Circuit Judge, and CARSWELL, District Judge.


The judgment of the trial court denying the petition for habeas corpus from a state court conviction is affirmed.

Appellant's complaint that the trial court failed to invoke the rule of sequestration of witnesses does not raise a question that can be reached by federal habeas corpus, since such denial does not amount to a deprivation of appellant's constitutional rights, United States v. Brooks, 6 Cir., 303 F.2d 851.

The contention that appellant's constitutional rights were denied him by the knowing use by the State of perjured testimony has not been presented to the state court for relief. It can therefore not be considered here. So, too, was there a failure by the appellant to present to the state court his contention that there had been an illegal exclusion of Negroes from the jury.


Summaries of

Mathis v. Wainwright

United States Court of Appeals, Fifth Circuit
Nov 5, 1965
351 F.2d 489 (5th Cir. 1965)

holding that the trial court's alleged failure to invoke the rule of sequestration of witnesses did not raise a question that was cognizable in a federal habeas corpus proceeding and did not amount to a deprivation of petitioner's constitutional rights

Summary of this case from Thorne v. Hollway

noting that the failure to sequester witnesses does not amount to a deprivation of constitutional rights

Summary of this case from Mills v. Gidley

refusing to grant habeas relief on grounds that trial court refused to sequester witnesses, noting that "such denial does not amount to a deprivation of [defendant's] constitutional rights"

Summary of this case from State v. Beltran-Felix
Case details for

Mathis v. Wainwright

Case Details

Full title:Robert T. MATHIS, Appellant, v. Louie L. WAINWRIGHT, Director, Division of…

Court:United States Court of Appeals, Fifth Circuit

Date published: Nov 5, 1965

Citations

351 F.2d 489 (5th Cir. 1965)

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