SYLVESTER TRIBBITT, PETITIONER-APPELLANT,
v.
LOUIE L. WAINWRIGHT, SECRETARY, DEPARTMENT OF OFFENDER REHABILITATION, RESPONDENT-APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that consolidating charges arising from the same criminal episode in a single trial is permissible if it does not render the trial fundamentally unfair.
Appellant was charged with and convicted of assault with intent to commit rape and robbery in a single jury trial. After exhausting state remedies, he…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Consolidation Of Offenses cases and more on FLexlaw
PER CURIAM:
On September 6, 1968, Appellant, Sylvester Tribbitt, was charged by information with the crimes of assault with intent to commit rape and robbery. After pleading not guilty as to both charges, appellant was tried by a jury and found guilty as charged of both offenses. Appellant was sentenced to the state penitentiary for twenty years upon the charge of assault with intent to commit rape and ten years, to run consecutive, upon the charge of robbery.
After exhaustion of state remedies, appellant filed his petition for writ of habeas corpus which was denied by the district court.
Appellant contends that the trial court erred in joining the felony of robbery and the felony of assault with intent to commit rape in one jury trial. The lower court specifically recognized that the crimes which are the subject of this point on appeal rose from the same criminal transaction. That court further determined that the crimes were perpetrated at or about the same time, and were directed at a single victim. The lower court went on to hold that a single trial on both offenses was not an unfair one. Appellant has suggested no compelling arguments to disturb the above conclusion. The propriety of a consolidation rests within the sound discretion of the state trial judge. The simultaneous trial of more than one offense must actually render petitioner’s state trial fundamentally unfair and hence, violative of due process before relief pursuant to 28 U.S.C. § 2254 would be appropriate.
Respondent supplied the lower court with a complete transcript of petitioner’s trial in state court. A review of that transcript clearly indicates that both the assault with intent to commit rape charge and the robbery charge arose out of the same criminal episode. To give the finder of fact the complete picture of what transpired, evidence of each offense would have been technically admissible at the trial of the other offense. Consequently, there is no-indication that the fact finding process was impermissibly tainted at petitioner’s state trial by the consolidation of these charges.
The decision of the district court is affirmed.
AFFIRMED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Dennis, 625 F.2d 782 (8th Cir. 1980)
-
Alvarez v. Louie L. Wainwright, 607 F.2d 683 (5th Cir. 1979)
-
Willard v. Linley Pearson, 823 F.2d 1141 (7th Cir. 1987)
Previewing 3 of 8 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)