Cook
v.
Wainwright

United States Court of Appeals, Fifth CircuitOct 28, 1968
402 F.2d 294 (5th Cir. 1968)

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No. 25926.

October 28, 1968.

Barry R. Nager, Orlando, Fla., for appellant.

George R. Georgieff, Asst. Atty. Gen., Tallahassee, Fla., for appellee.

Before BELL and MORGAN, Circuit Judges and GUINN, District Judge.


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.