Malone v. Wainwright

6 Citing cases

  1. Hairston v. State of Alabama

    465 F.2d 675 (5th Cir. 1972)   Cited 17 times
    In Hairston v. Alabama, 465 F.2d 675 (5th Cir. 1972), the Fifth Circuit addressed a similar situation and found that the petitioner had satisfied the exhaustion requirement.

    We are convinced that Appellant is now without any effective remedy in the State courts of Alabama. See, e. g., Bartz v. Wainwright, 5 Cir., 1971, 451 F.2d 663; Williams v. Wainwright, 5 Cir., 1971, 452 F.2d 775; Brown v. Allen, 1953, 344 U.S. 443, 73 S.Ct. 397, 97 L.Ed. 469; Thomas v. Decker, 5 Cir., 1970, 434 F.2d 1033; Malone v. Wainwright, 5 Cir., 1970, 433 F.2d 927; Hill v. Beto, 5 Cir., 1968, 390 F.2d 640, cert. denied, 393 U.S. 1007, 89 S.Ct. 491, 21 L.Ed.2d 472. We do not have a question of deliberate by-pass.

  2. McCluster v. Wainwright

    453 F.2d 162 (5th Cir. 1972)   Cited 9 times

    Brown has often been applied in the Fifth Circuit. See, e. g., Bartz v. Wainwright, 5 Cir. 1971, 451 F.2d 663 [decided November 19, 1971]; Thomas v. Decker, 5 Cir. 1970, 434 F.2d 1033; Malone v. Wainwright, 5 Cir. 1970, 433 F.2d 927; and Hill v. Beto, 5 Cir. 1968, 390 F.2d 640, cert. den. 393 U.S. 1007, 89 S.Ct. 491, 21 L.Ed.2d 472. Thus, after a thorough search of the record in the instant case and the applicable law, we conclude that the lower court erroneously dismissed McCluster's petition for failure to exhaust state remedies.

  3. Bartz v. Wainwright

    451 F.2d 663 (5th Cir. 1971)   Cited 10 times

    28 U.S.C.A. ยง 2254. Brown v. Allen, 344 U.S. 443, 73 S.Ct. 397, 97 L.Ed. 469 (1953); Thomas v. Decker, 434 F.2d 1033 (5th Cir. 1970); Malone v. Wainwright, 433 F.2d 927 (5th Cir. 1970); Hill v. Beto, 390 F.2d 640 (5th Cir.), cert. denied, 393 U.S. 1007, 89 S.Ct. 491, 21 L.Ed.2d 472 (1968). In February of 1966, Bartz was convicted upon a plea of guilty in a Florida state court of the offense of fondling and handling a female child under the age of 14 years.

  4. Jones v. Beto

    448 F.2d 1259 (5th Cir. 1971)   Cited 2 times

    The case is remanded to the district court for findings of fact and conclusions 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 remanded.

  5. Giamo v. Purdy

    346 F. Supp. 1 (S.D. Fla. 1972)   Cited 2 times

    It appears that petitioner has exhausted his state remedies. Malone v. Wainwright, 433 F.2d 927 (5 Cir. 1970). Petitioner, at the time he filed the instant petition was in the custody of E. Wilson Purdy, Sheriff of Dade County, Florida, apparently awaiting transfer to a state prison to continue service of his sentence.

  6. Klier v. Wainwright

    345 F. Supp. 947 (S.D. Fla. 1971)   Cited 6 times
    Finding that the court had before it ample evidence to show that there was no abuse of discretion in the revocation of petitioner's probation

    In this petition for writ of habeas corpus, petitioner alleges the same grounds for relief he alleged on direct appeal. Therefore, petitioner has exhausted his state remedies. Malone v. Wainwright, 433 F.2d 927 (5 Cir. 1971). In essence, the grounds urged are that a probationer is entitled to the benefits of the Fourth Amendment of the United States Constitution and Section 12 of the Florida Declaration of Rights; that evidence as to his possession of heroin on October 13, 1969, should have been suppressed; and that there was not sufficient evidence presented to sustain the accusation that petitioner had failed to avoid association with a person of harmful character and bad reputation.