Colson v. Smith, 28943.
| Citation | 427 F.2d 143 |
| Decision Date | 09 June 1970 |
| Docket Number | No. 28943.,28943. |
| Parties | Cleveland COLSON, Petitioner-Appellee, v. Lamont SMITH, Warden, Respondent-Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Arthur K. Bolton, Atty. Gen. of Georgia, Mathew Robins, Marion O. Gordon, Asst. Atty. Gen., Dorothy T. Beasley, Deputy Asst. Atty. Gen., Atlanta, Ga., for respondent-appellant.
Al G. Norman, Atlanta, Ga., for petitioner-appellee.
Before JOHN R. BROWN, Chief Judge, MORGAN and INGRAHAM, Circuit Judges.
The District Court, in granting the petitioner-appellee's petition for writ of habeas corpus, found that he had made out a prima facie case, unrebutted by the State of discrimination in the composition of the indicting grand jury panel.
The district court did not make findings of fact and conclusions of law regarding the petitioner's claim of ineffective assistance of counsel and the concomitant issue of the voluntariness of the plea of guilty.
Accordingly, and in order for this court to conduct meaningful review on a record which has many issues inextricably bound together, the case is remanded to enable the district court to state its findings of fact and conclusions of law on the above issues which were presented but not decided, and to certify them to this court by a supplemental record. The district court may receive and consider such memoranda, briefs, or arguments with respect to the findings of fact and conclusions of law, proposed or adopted, as it deems appropriate.
Remanded.
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Trahan v. Estelle
...5 Cir. 1976, 528 F.2d 576; Giles v. Alabama, 5 Cir. 1967, 384 F.2d 383; Alvis v. Kimbrough, 5 Cir. 1971, 446 F.2d 548; Colson v. Smith, 5 Cir. 1970, 427 F.2d 143; and Royal v. Dutton, 5 Cir. 1968, 392 F.2d 544.3 411 U.S. 258, 93 S.Ct. 1602, 36 L.Ed.2d 235 (1973).4 397 U.S. 759, 90 S.Ct. 144......
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Colson v. Smith, 28943.
...regarding petitioner's claim of ineffective counsel and the concomitant issue of the voluntariness of the plea of guilty." Colson v. Smith, 5th Cir. 1970, 427 F.2d 143. Since the district court had already conducted a full hearing on the issue of counsel's competency, all that remained to c......
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Jones v. Beto
...of law. Miller v. Henderson, 435 F.2d 688 (5th Cir. 1970); Malone v. Wainwright, 433 F.2d 927 (5th Cir. 1970); Colson v. Smith, 427 F.2d 143 (5th Cir. 1970). Reversed and * Rule 18, 5th Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5th Cir. 1970, 431 F.2d 4......