Lee v. State of Alabama
Decision Date | 25 August 1966 |
Docket Number | No. 22994.,22994. |
Citation | 364 F.2d 945 |
Parties | Huey R. LEE, Appellant, v. STATE OF ALABAMA, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Walter Mark Anderson, III, Asst. Atty. Gen., Montgomery, Ala., for appellee.
Before BELL and THORNBERRY, Circuit Judges, and FISHER, District Judge.
This is another appeal from an order entered by the United States District Court from the Middle District of Alabama denying without a hearing an application for habeas corpus brought by Huey R. Lee, a prisoner of the State of Alabama, serving a life sentence on a conviction of murder.
The District Court entered an order to the effect that since the petitioner presents no new grounds not heretofore presented and determined, 28 U.S.C.A. § 2244,1 and for reasons stated in the Court's prior orders relative to this applicant, it should not entertain the habeas corpus petition.2
The question before this Court is whether the District Court should have granted an evidentiary hearing as required by Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770 (1964) on the contention of the appellant that he has repeatedly been denied a plenary hearing on the issue of an alleged conspiracy between the trial court and appellant's attorney. The allegations of the alleged conspiracy are vague, but it appears that one issue asserted has to do with appellant's sanity at the time of his original trial.
In the original appeal, judgment of conviction was affirmed by the Supreme Court of Alabama and certiorari denied by the Supreme Court of the United States, Lee v. State, 246 Ala. 343, 20 So.2d 471 (1946) cert. den. 325 U.S. 888, 65 S.Ct. 1576, 89 L.Ed. 2002. The record reflects that there was a sanity hearing before a jury shortly after appellant's arrest and about 14 months prior to his trial, finding the appellant sane.
The record further reflects that on January 16, 1946, the appellant filed in the Supreme Court of Alabama his petition for leave to file in the Circuit Court, Barbour County, Alabama, a petition for a writ of error coram nobis to inquire into the issue of insanity of appellant at the time of trial and the Supreme Court of Alabama denied the petition holding, "The substantiality of petitioner's claim is not shown to the satisfaction of this Court, and in the exercise of the discretion vested in the Court in such matters we are clear to the conclusion that permission to file a writ of error coram nobis in the lower court should be, and is, denied." Certiorari was denied by the Supreme Court of the United States, Ex parte Lee, 248 Ala. 246, 27 So.2d 147 (1946) cert. den. 329 U.S. 808, 67 S.Ct. 621, 91 L.Ed. 690.
Appellant next filed a petition for habeas corpus in the Circuit Court of Montgomery County, Alabama, raising the same question of insanity at the time of trial, Lee v. State, 35 Ala.App. 38, 44 So.2d 606 (1949) cert. den. 253 Ala. 424, 44 So.2d 607 (1950). This petition was denied and the Order affirmed on appeal based on the fact that the identical question had already been presented to the Alabama Supreme Court, Ex parte Lee, supra.
In considering the present application the District Court reviewed the record of the numerous appeals by the petitioner and found that appellant was not entitled to relief. We agree with the trial Court.
Appellant raises nothing new in his current effort and merely reiterates that he has been deprived of his liberty without due process of law because of the alleged conspiracy resulting in his conviction at the trial in 1943 at which time he was allegedly insane. This issue of insanity at the time of trial has repeatedly been decided adversely to the appellant by both the State Courts and the Federal Courts. Also a number of habeas corpus writs have been denied by both State and Federal Courts, as reflecting by the various Court decisions and the order of the United States District Court for the Middle District of Alabama denying the current writ.3
In Lee v. Wiman, 280 F.2d 257 (5th Cir. 1960) cert. den. 364 U.S. 866, 81 S.Ct. 176, 5 L.Ed.2d 106, notwithstanding the many adverse decisions which would justify the District Court in not entertaining a further application for habeas corpus under 28 U.S.C.A. § 2244, this Court held that another appeal was proper.
Relative to the above quote, Judge Rives held:
Since the appellant received an adverse determination by...
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