Juelich v. United States, 475 F.2d 788 (5th Cir. 1973)
475 F.2d 788
US-DOC-21117493
locator
Case details
Bluebook Citation
Juelich v. United States, 475 F.2d 788 (5th Cir. 1973)
Full caption
H. E. JUELICH, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.
Country
United States
Jurisdiction
Federal
Court
United States Court of Appeals for the Fifth Circuit
Decided
Mar. 22, 1973
Disposition
Affirmed
No. 72-3530
Summary Calendar.*
March 22, 1973.
H. E. Juelich, pro se.
Charles S. White-Spunner, U. S. Atty., Irwin W. Coleman, Jr., Asst. U. S. Atty., Mobile, Ala., for defendant-appellee.
Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.
PER CURIAM:
Petitioner, Herbert E. Juelich, appeals from the District Court’s denial of his motion to vacate sentence, brought pursuant to 28 U.S.C. § 2255. We find that' petitioner’s contention, that his constitutional right to due process was denied when evidence stemming directly from an “illegal” autopsy was admitted at his trial, was considered and ruled upon in 1963 at an evidentiary hearing held pursuant to an earlier § 2255 motion. At that time, the District Judge rejected petitioner’s contention, and we affirmed, Juelich v. United States, 5 Cir. 1965, 342 F.2d 29, 31.1 The District Court correctly rejected petitioner’s motion without holding an evidentiary hearing because petitioner is seeking relief previously sought under the provisions of 28 U.S.C. § 2255 on the same grounds previously raised and decided against him. Dryden v. United States, 5 Cir. 1972, 455 F.2d 491; Owens v. United States, 5 Cir. 1970, 430 F.2d 1173. We affirm.
Affirmed.
*
Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir. 1970, 431 F.2d 409, Part I.
1
See the quotation from the transcript of the 1963 evidentiary hearing in Juelich v. United States, 5 Cir. 1968, 403 F.2d 523. 525.