LEROY COLBROTH, PETITIONER-APPELLANT,
v.
LOUIE L. WAINWRIGHT, RESPONDENT-APPELLEE
LEROY COLBROTH, PETITIONER-APPELLANT,
LOUIE L. WAINWRIGHT, RESPONDENT-APPELLEE
466 F.2d 1193
Court of Appeals for the Fifth Circuit (1972)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM:
The appellant Colbroth, a state prisoner who was found guilty of armed robbery in a Florida court, appeals from an order of the United States District Court denying his petition for a writ of habeas corpus. Colbroth maintains that his conviction is constitutionally infirm because the evidence adduced at trial identifying him as the perpetrator of the crime was insufficient. We affirm.
We are in essential agreement with the following conclusion of the trial court:
“Matters concerning the sufficiency of evidence and admissibility of evidence are not to be considered in Federal Habeas Corpus proceeding un less the record indicates petitioner was denied due process of law, Such is not the ease here. Pleas v. Wainwright, 441 F. 2d 56 (5th Cir. 1971); Alligood v. Wainwright, 440 F. 2d 642 (5th Cir. 1971).”
See also Young v. Alabama, 443 F. 2d 854, 855 (5th Cir. 1971); Summerville v. Cook, 438 F. 2d 1196, 1197 (5th Cir. 1971); Williams v. Wainwright, 427 F. 2d 921, 923 (5th Cir. 1970).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Anderson v. Maggio, 555 F.2d 447 (5th Cir. 1977)
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Mercado v. Massey, 536 F.2d 107 (5th Cir. 1976)
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Rodell Jenkins v. Louie L. Wainwright, 488 F.2d 136 (5th Cir. 1973)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Pleas v. Wainwright, 441 F.2d 56 (5th Cir. 1971)
- Williams v. Louie L. Wainwright, 427 F.2d 921 (5th Cir. 1970)
- Summerville v. Cook, 438 F.2d 1196 (5th Cir. 1971)
- Cleophus Young v. State OF Ala., 443 F.2d 854 (5th Cir. 1971)
- Newell Alligood v. Louie L. Wainwright, 440 F.2d 642 (5th Cir. 1971)