Fulford v. Smith, 28348.
| Decision Date | 30 October 1970 |
| Docket Number | No. 28348.,28348. |
| Citation | 432 F.2d 1225 |
| Parties | John C. FULFORD, Plaintiff-Appellant, v. S. Lamont SMITH, Warden, Georgia State Prison, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
John C. Fulford pro se.
Reuben A. Garland, Edward T. M. Garland, Atlanta, Ga., for plaintiff-appellant.
Arthur K. Bolton, Atty. Gen. of Ga., Harold N. Hill, Jr. Executive Asst. Atty. Gen., Mathew Robins, Marion O. Gordon, Asst. Attys. Gen., Atlanta, Ga., for defendant-appellee.
Before SIMPSON, MORGAN and INGRAHAM, Circuit Judges.
The sole issue in this appeal is whether the district court was in error in denying the state prisoner appellant's request for habeas relief summarily without affording the appellant a hearing on his allegations. We affirm.
The petitioner-appellant alleged in his petition to the district court that the State of Georgia had suppressed and concealed evidence favorable to the petitioner, and that only recently the petitioner discovered this evidence which appellant contends will prove his innocence. The petition, a pro se product, was inarticulately drawn, and the district judge apparently misinterpreted the petition as a motion for new trial based on alleged newly-discovered evidence. He ruled that this matter had previously been disposed of adversely to the petitioner in a state court motion for new trial, and further noted that newly-discovered evidence is not a ground for habeas corpus relief in the federal courts.
Since we read the petition to allege state action to deprive the defendant of his right to a fair trial, of course the district judge erred in dismissing the petition on the grounds stated. This conclusion does not require reversal since we find sufficient other grounds upon which to affirm.
The petitioner, a frequent correspondent with the courts, has had two previous opportunities to air the matter here raised. In July of 1966 the appellant filed a petition in the federal district court in which he alleged, inter alia, that "all evidence favorable to Petitioner was suppressed". A full evidentiary hearing was held on the matters raised in that petition, but Fulford failed to produce any evidence relating to this matter at the hearing.
In August of 1968 the petitioner filed a motion in the state courts alleging that the grand and petit juries which indicted and tried him were drawn from segregated lists. A hearing was held in September of 1968, and the petitioner was specifically asked by the court if he had any further grounds upon which to attack his conviction. Fulford answered in the negative.
In August of 1968 appellant also filed a petition in the federal district court again alleging suppression of evidence. The district judge denied relief in December of 1968, stating that the petitioner had bypassed the opportunity to present the matter at the state court hearing.
The affidavits attached to the present petition are dated June 9, 1968 and June 15, 1968,...
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