Ernest Lee Emmett v. R. P. Balkcom, Jr., Warden, Georgia State Prison, 358 F.2d 302 (5th Cir. 1966). · Go Syfert
Ernest Lee Emmett v. R. P. Balkcom, Jr., Warden, Georgia State Prison, 358 F.2d 302 (5th Cir. 1966). Cases Citing This Book View Copy Cite
4 citation events across 4 distinct courts.
Ernest Lee EMMETT, Appellant,
v.
R. P. BALKCOM, Jr., Warden, Georgia State Prison, Appellee
22815.
Court of Appeals for the Fifth Circuit.
Mar 25, 1966.
358 F.2d 302
Ernest Lee Emmett, pro se., Arthur K. Bolton, Atty. Gen., Peyton S. Hawes, Jr., Asst. Atty. Gen., Carter A. Setliff, Asst. Atty. Gen., Atlanta, Ga., for appellee.
Rives, Coleman.
Cited by 4 opinions  |  Published
PER CURIAM:

Appellant is a prisoner of the State of Georgia, serving multiple sentences pursuant to guilty pleas to numerous charges of robbery. He seeks federal habeas corpus on the ground that he was not represented by counsel in the State Court, that an involuntary confession was used against him, and that he had no preliminary arraignment or hearing. The District Court, from which this appeal was taken, granted the petitioner a full evidentiary hearing, in which he was represented by counsel, was permitted to appear personally, and gave testimony. Upon consideration of all the proof, the trial judge found that appellant was, in fact, represented by counsel in the State Court. This finding is supported by evidence and is thus not subject to reversal here.

Appellant cannot now complain of any lack of preliminary hearing or as to any- confession he may have given, as these elements disappeared from the case when he entered his plea of guilty.

No certificate of probable cause has been granted and treating the appeal as an application for such certificate, the same is

Denied.