(DOWNLOAD) "Colson V. Smith" by United States Court of Appeals for the Fifth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Colson V. Smith
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 21, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Cleveland Colson was indicted by the Fulton County, Georgia, Grand Jury on February 15, 1963, along with three other defendants, for robbery by use of force and arms. On April 1, 1963, Colson, represented by court-appointed counsel, pleaded guilty and was sentenced by the Fulton County Superior Court to a term of fifteen to twenty years. In February 1968 Colson filed a petition for writ of habeas corpus in federal district court. His action was stayed several times pending exhaustion of available remedies in the Georgia state courts. Finally, in September 1969, the district court, having concluded that petitioner had substantially exhausted his state remedies,*fn1 conducted an evidentiary hearing on petitioner's contentions. At the hearing, petitioner presented evidence on the issues of systematic exclusion of Negroes from the Fulton County Grand Jury and ineffective assistance of counsel.*fn2 On October 14, 1969, the district court determined that a prima facie case of purposeful grand jury discrimination had been made out, and without reaching the adequacy of counsel question, ordered petitioner remanded to the custody of the State for speedy reindictment and trial. The State appealed, contending first that petitioner by pleading guilty had waived his right to challenge the construction of the grand jury, and also contesting the district court's findings on the issue of grand jury composition. On June 9, 1970, this Court remanded the case to the district court for "findings of fact and conclusions of law regarding petitioner's claim of ineffective counsel and the concomitant issue of the voluntariness of the plea of guilty." Colson v. Smith, 5th Cir. 1970, 427 F.2d 143. Since the district court had already conducted a full hearing on the issue of counsel's competency, all that remained to comply with our order of June 9 was to enter findings of fact and conclusions of law based on the evidence previously presented. Accordingly, the district court entered a final order dated July 17, 1970, concluding that petitioner's plea of guilty was the product of ignorance, fear, and the ineffective assistance of counsel, and again ordering petitioner's release subject to the State's right to reindict him. The State returns to this Court now, contesting not only the district court's findings in its order of October 14, 1969, but also the latest findings of the district court on the issue of effectiveness of counsel.
 "Colson V. Smith" by United States Court of Appeals for the Fifth Circuit * eBook PDF Kindle ePub Free){kind=link}