Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

J.D. HOARD, Appellant, v. A.L. DUTTON, Acting Warden, Georgia State Prison, Appellee.

PER CURIAM.

This is an appeal from denial of a writ of habeas corpus. Appellant, a Georgia state convict, is presently serving three, thirty-year concurrent sentences for three offenses of sodomy. Appellant asserts on appeal essentially the same contentions argued in the lower court: that he was denied effective assistance of counsel and that the sentences imposed constitute cruel and unusual punishment.

This court recently set forth standards for determining the question of adequacy of counsel. See Williams v. Beto, 354 F.2d 698 (5th Cir. 1965). A careful review of the record, particularly the testimony of the lawyer who represented appellant, and the principles enunciated in that case persuades us that the appellant was not denied effective assistance of counsel.

The sentences imposed in the instant case are within the statutory limitation. Appellate courts do not revise sentences within the limits set by statute, except in the most exceptional circumstances. See United States v. Martell, 335 F.2d 764 (4th Cir. 1964). Such circumstances clearly are not present here.

Affirmed.

Use AI to get other relevant cases.

Comments

HOARD v. DUTTON
(May 13, 1966)