At page 338 cited at this page2 citing cases
- Salvatore Charles Grech v. Louie L. Wainwright, Dir. of Corr., State of Florida, Respondent- No. 73-3375 Summary Calendar. Rule 18, 5th Cir. See Isbell Enter., Inc. v. Citizens Cas. Co. Of New York, 5th Cir. 1970, 431 F.2d 409, Part I, 492 F.2d 747 (5th Cir. 1974).publishedCf. Wesley v. State of Alabama, 488 F.2d 30 (5th Cir. 1974); Lowe v. State of Alabama, 487 F.2d 337, 338 (5th Cir. 1973) 3 The record fails to reveal whether Grech adduced evidence that members of the Jewish faith constitute a cognizable c…
- Grech v. Wainwright, 492 F.2d 747 (5th Cir. 1974).publishedCf. Wesley v. State of Alabama, 488 F.2d 30 (5th Cir. 1974); Lowe v. State of Alabama, 487 F.2d 337, 338 (5th Cir. 1973). .
v.
STATE OF ALABAMA, Respondent-Appellee
Petitioner’s pro se applications for a certificate of probable cause, and for leave to appeal in forma pauperis are granted, and the appeal is docketed.
This state prisoner’s habeas petition alleges a number of constitutional defects in his arrest, indictment, trial and conviction the nature of which are such that examination of the state trial record, examination of the record of the evi-dentiary hearing in petitioner’s state ha-beas action, or an evidentiary hearing in the District Court would be appropriate. See Smith v. Beto, 467 F.2d 1374, 1375 (CA5 1972); Gerzin v. Beto, 459 F.2d 671 (CA5 1972). As best we can determine, however, the District Court did not hold an evidentiary hearing and had before it neither the state trial court record nor the state evidentiary hearing record. If so that court did not conduct the requisite independent inquiry into petitioner’s constitutional claims. See Townsend v. Sain, 1963, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770.
Petitioner’s application for appointment of counsel on appeal is denied.
The order of the District Court denying appellant’s habeas petition is vacated and the case is remanded for further consideration. [1]
. It is appropriate to dispose of this ease summarily. See Groendyke Transportation, Inc. v. Davis, 5 Cir., 1969, 406 F.2d 1158.