Heyd v. Brown, 25848.

Decision Date06 February 1969
Docket NumberNo. 25848.,25848.
Citation406 F.2d 346
PartiesLouis A. HEYD, Jr., Sheriff, Parish of Orleans, Louisiana, Appellant, v. Robert L. BROWN and William J. Hadrick, Appellees.
CourtU.S. Court of Appeals — Fifth Circuit

Louise Korns, Asst. Dist. Atty., New Orleans, La., for appellant.

James O'Neill, Kenner, La., Philip Brooks, New Orleans, La., for appellees.

Before JOHN R. BROWN, Chief Judge, and THORNBERRY, Circuit Judge, and TAYLOR, District Judge.

PER CURIAM:

This appeal arises out of the petitions for habeas corpus filed by two Louisiana prisoners convicted of unlawful possession of heroin. The district court, upon a review of the record of the state court proceedings, found that statements made by petitioners at the time of their arrest and admitted into evidence over their objections had been made in the absence of proper Miranda warnings and, accordingly, set aside the convictions and sentences. The State brings this appeal, renewing allegations made before the district court that proper warnings were given and, alternatively, that the error, if any, was harmless.1 For the reasons set forth in the opinion by Judge Rubin, we reject these two contentions. See Brown v. Heyd, E.D.La.1967, 277 F.Supp. 899.

The State advances for the first time in this Court the further contention that the district judge was required to conduct an evidentiary hearing and determine de novo the adequacy of the warnings given petitioners before reversing the contrary factual determinations by the Louisiana courts. In other words, appellant argues that the federal court is without power to reverse fact findings of the state court unless it conducts a hearing of its own. Although the federal district courts are vested with broad power on habeas to conduct evidentiary hearings, we cannot agree that it becomes the duty of the court to exercise that power where, as here, the state trial court has afforded the applicants a full and fair evidentiary hearing. Townsend v. Sain, 1963, 372 U.S. 293, 312, 83 S.Ct. 745, 757, 9 L.Ed.2d 770.

Nor can we agree that the presumption of correctness conferred upon the state court's factual determination by 28 U.S.C. § 2254(d) can be rebutted only in an evidentiary hearing in the federal court. The statute provides that the district court may disregard the state court's findings of fact where the record of the state proceedings is produced and the federal court "on a consideration of such part of the...

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17 cases
  • Hance v. Zant
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • 24 Enero 1983
    ...evidentiary hearing on all legitimate factual issues, a district court is not required to conduct an evidentiary hearing. Heyd v. Brown, 406 F.2d 346, 347 (5th Cir.), cert. denied, 396 U.S. 818, 90 S.Ct. 53, 24 L.Ed.2d 69 Hance submitted a 35-page petition to the district court, alleging nu......
  • Moore v. Johnson
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 27 Octubre 1999
    ...that power where, as here, the state trial court has afforded the applicant a full and fair evidentiary hearing." Heyd v. Brown, 406 F.2d 346, 347 (5th Cir.1969); see also West v. Johnson, 92 F.3d 1385, 1410 (5th Cir.1996); Lincecum v. Collins, 958 F.2d 1271, 1278-80 (5th Cir.1992); Winfrey......
  • Trahan v. Estelle
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 10 Enero 1977
    ...record. While a district court may find the section 2254(d) presumption rebutted without holding an evidentiary hearing, see Heyd v. Brown, 406 F.2d 346 (5th Cir.) cert. denied, 396 U.S. 818, 90 S.Ct. 53, 24 L.Ed.2d 69 (1969), at least in those situations where the district court overturns ......
  • Moore v. Johnson
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 27 Octubre 1999
    ...that power where, as here, the state trial court has afforded the applicant[] a full and fair evidentiary hearing." Heyd v. Brown, 406 F.2d 346, 347 (5th Cir. 1969); see also West v. Johnson, 92 F.3d 1385, 1410 (5th Cir. 1996); Lincecum v. Collins, 958 F.2d 1271, 1278-80 (5th Cir. 1992); Wi......
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