[Download] "Spencer v. Wainwright" by United States Court of Appeals for the Fifth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Spencer v. Wainwright
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 22, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Appellant Spencer seeks review of an order of the Federal District Court denying his petition for habeas corpus. In 1960 Spencer was convicted in a Florida State Court of first degree murder and sentenced to die in the electric chair. The Supreme Court of Florida affirmed his conviction. Spencer v. State, Fla., 1961, 133 So.2d 729. Appellant raises a massive assault founded on his claim that he was denied counsel during prolonged interrogation which resulted in a confession, the confession was not voluntary, and that his court-appointed counsel in the State Court rendered ineffective assistance, thus denying his Sixth and Fourteenth Amendment rights. Because we find that Spencer has failed to exhaust his available State remedies, we vacate the judgment of the Federal District Court without prejudice to Spencer to apply for relief in the Florida State Courts.