William Chester Cole, Appellant, v. Louie L. Wainwright, Director, Division of Corrections, State of Florida, Appellee, 397 F.2d 810 (5th Cir. 1968)

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US Court of Appeals for the Fifth Circuit - 397 F.2d 810 (5th Cir. 1968) July 22, 1968

Appeal from the United States District Court for the Northern District of Florida; George Harrold Carswell, Judge.

James G. Mahorner, Tallahassee, Fla., for appellant.

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

Before POPE* , TUTTLE and CLAYTON, Circuit Judges.


The allegations of the petitioner are of such a nature as to require a hearing under 28 U.S.C.A. § 2243. It could not appear from the application and the file supplied by the state "that the applicant * * * [was] not entitled" to the writ.

The Judgment is reversed. The case is remanded to the trial court for the purpose of conducting a hearing.


Of the Ninth Circuit, sitting by designation