State of Louisiana v. Allgood
| Citation | 250 F. Supp. 294 |
| Decision Date | 21 January 1966 |
| Docket Number | Misc. No. 838. |
| Parties | STATE OF LOUISIANA ex rel. John WEIYMANN and Hubert Mitchell v. J. Wayne ALLGOOD, Warden, et al. Louisiana State Penitentiary, Angola, Louisiana. |
| Court | U.S. District Court — Eastern District of Louisiana |
John Weiymann, Hubert Mitchell, petitioners, in pro per.
Teddy W. Airhart, Jr., Jodie W. Stout, Asst. Attys. Gen. of Louisiana, Baton Rouge, La., John Volz, Asst. Dist. Atty., Parish of Orleans, New Orleans, La., for respondents.
This habeas corpus petition is brought jointly by John Weiymann, presently serving a ten year term at Louisiana State Penitentiary, and Hubert Mitchell, who is serving a five year term at Louisiana State Penitentiary. These petitioners were jointly charged under Louisiana law with unlawful possession of narcotics and narcotic paraphernalia, tried before a jury, found guilty as charged, and on November 24, 1964, sentenced to serve the terms above indicated. They now contend that their constitutionally guaranteed rights have been violated in that (1) they were victims of an illegal search and seizure; (2) their trial was the subject of unreasonable publicity; (3) there was an unreasonable delay in arraignment; and (4) they were convicted on insufficient evidence.
This Court has been furnished with a transcript of the State Court proceedings in connection with a motion to suppress filed by counsel for petitioners during their trial, and a full evidentiary hearing, at which eight witnesses were heard, was held by this Court on November 5, 1965. After its own independent evaluation of the evidence heard by the State Court on the motion to suppress, and after seeing and hearing the witnesses who testified here, this Court concludes that there is no merit to petitioners' contentions.
Previous to his arrest, Weiymann had been positively pointed out to police and identified as one who, with his wife and a third party, had been actively involved in burglarizing an automobile. The police were well acquainted with Weiymann, having handled him previously on several occasions in connection with both burglary and narcotics charges — a fact of which petitioner Weiymann appeared to be quite proud. Upon receiving this information from a source which, under the circumstances, was known to be reliable, the police proceeded to the apartment occupied by Weiymann. Upon knocking on the door, the police properly identified themselves, whereupon Weiymann opened the door. He was immediately placed under arrest. At the same time, immediately after the door was opened by Weiymann, one of the officers present heard a movement in a room adjoining the kitchen, and believing that someone was...
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