Opinion · Court of Appeals for the Fifth Circuit

Eugene E. Mallonee v. Sidney Lanier, Warden, Texas Department of Corrections

Eugene E. Mallonee v. Sidney Lanier, Warden, Tex. Dep’t of Corr., 354 F.2d 940 (5th Cir. 1966)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1966-01-10
Topic
general

PER CURIAM: Mallonee is confined in the Texas State Penitentiary serving a sentence of life imprisonment resulting from his conviction of the offense of rape. He brought this habeas corpus proceeding alleging that he had been deprived of his liberty without due process of law. This is an appeal from a judgment discharging the writ and remanding petitioner to the custody of the respondent warden. The principal assignment of error is the finding of the district judge that Mallonee was not denied a fair trial, simply because he was brought to the state court room in handcuffs, which were removed promptly upon arrival there. There was no showing that appellant was observed in handcuffs by any member of the jury.

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UpLaw has not yet analyzed Eugene E. Mallonee v. Sidney Lanier, Warden, Texas Department of Corrections. The absence of a flag is not a finding that it is good law.

Cited by
11 opinions
MALLONEE v. LANIER,354 F.2d 940(5th Cir. 1966)
Eugene E. MALLONEE, Appellant, v. Sidney LANIER, Warden, Texas Department
of Corrections, Appellee.
No. 22069.
United States Court of Appeals, Fifth Circuit.
January 10, 1966.
Eugene E. Mallonee, pro se.

Sam R. Wilson, Houston, Tex., Lonny F. Zwiener, Austin, Tex., Asst. Attys. Gen. of Texas, Waggoner Carr, Atty. Gen. of Texas, Hawthorne Phillips, First Asst. Atty. Gen., Stanton Stone, Executive Asst. Atty. Gen., Howard M. Fender, Asst. Atty. Gen., Austin, Tex., for appellee.
Before TUTTLE, Chief Judge, COLEMAN, Circuit Judge, and HUNTER, District Judge.
PER CURIAM:
Mallonee is confined in the Texas State Penitentiary serving a sentence of life imprisonment resulting from his conviction of the offense of rape. He brought this habeas corpus proceeding alleging that he had been deprived of his liberty without due process of law. This is an appeal from a judgment discharging the writ and remanding petitioner to the custody of the respondent warden.

The principal assignment of error is the finding of the district judge that Mallonee was not denied a fair trial, simply because he was brought to the state court room in handcuffs, which were removed promptly upon arrival there. There was no showing that appellant was observed in handcuffs by any member of the jury. At the most, we have a showing of a possibility of prejudice. This is not enough. Prejudice must be established "not as a matter of speculation but as a demonstrable reality."1

A careful examination of the record compels a conclusion that all grounds urged by appellant as a basis for reversal lack merit. The judgment of the district court is

Affirmed.Page 941Page 952
  1. Adams v. United States ex rel. McCann,317 U.S. 269,281;63 S.Ct. 236,242;87 L.Ed. 268, 143 A.L.R. 435. ↩