Di Prima v. Beto
| Citation | 373 F.2d 797 |
| Decision Date | 02 March 1967 |
| Docket Number | No. 23805.,23805. |
| Parties | Henry J. DI PRIMA, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee. |
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Henry J. Di Prima pro se.
Charles B. Swanner, Asst. Atty. Gen., Waggoner Carr, Atty. Gen. of Texas, Hawthorne Phillips, First Asst. Atty. Gen., T. B. Wright, Executive Asst. Atty. Gen., Howard M. Fender, Asst. Atty. Gen., Lonny F. Zwiener, Asst. Atty. Gen., for appellee.
Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and BREWSTER, District Judge.
This habeas corpus case was heard by the District Court on oral evidence and on a certificate of the state trial judge. The United States District Court resolved all fact issues against the appellant. We cannot find these findings to be clearly erroneous. The trial court is charged with resolving issues of credibility of the several witnesses. Crediting the witnesses for the state, as it did, the trial court was warranted in making the findings of fact which resulted in a judgment dismissing the writ.
The judgment is affirmed.
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Tyler v. Beto
... ... Heard, 5 Cir., 1962, 310 F.2d 127, cert. denied 375 U.S. 854, 84 S.Ct. 114, 11 L.Ed.2d 81 (1963). The proposition has equal force where, as here, the trial judge makes a credibility determination on the evidence presented, Di Prima v. Beto, 5 Cir., 1967, 373 F.2d 797 ... The United States District Judge observed the witness as he gave his testimony. He was entitled to weigh his credibility against the impeachment presented by many criminal convictions. Except for a stenographic trial transcript, he had ... ...
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Weston v. State ex rel. Eyman
... ... Wade v. Peyton, 378 F.2d 50 (4th Cir.1967); DiPrima v. Beto, 373 F.2d 797 (5th Cir.1967). Giving due consideration to his determination of credibility and being satisfied that there is substantial evidence in ... ...
- Carroll v. Beto, 26197.