# Reison Gray v. John W. Wingo, Warden Kentucky State Penitentiary

> Court of Appeals for the Sixth Circuit · August 22, 1967 · 391 F.2d 268

URL: https://www.frixlaw.com/law-library/cases/279264

## Case

- **Full name:** Reison GRAY, Petitioner-Appellant, v. John W. WINGO, Warden Kentucky State Penitentiary, Respondent-Appellee
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** August 22, 1967
- **Citations:** 391 F.2d 268; 1967 U.S. App. LEXIS 5288
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** O'Sullivan, McCree, Combs
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/279264

## How later opinions describe it (automated extraction)

- concluding that habeas petitioner’s claim that “court appointed counsel refused to ask for a new trial or to appeal” was “without merit because petitioner has not availed himself of the post-conviction procedure provided by Kentucky laws”

## Opinion text

ORDER
PER CURIAM.
Petitioner-appellant is an inmate of Kentucky State Penitentiary at Eddyville under sentence for storehouse breaking. He appeals from the denial of a petition for writ of habeas corpus by the United States District Court for the Western District of Kentucky.
The grounds stated in the petition are: (1) evidence against petitioner in the state court was inadmissible and insufficient, (2) petitioner was denied a fair and impartial trial, and (3) court appointed counsel refused to ask for a new trial or to appeal.
Grounds (1) and (2) are insufficient because they are merely conclusions of the petitioner unsupported by any factual definition. Brown v. Allen, 344 U.S. 443 , 73 S.Ct. 397 , 97 L.Ed. 469 (1953).
Ground (3) is without merit because petitioner has not availed himself of the post-conviction procedure provided by Kentucky laws. Kentucky Rules of Criminal Procedure 11.42.
The judgment of the District Court is affirmed.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/279264. Public record. Not legal advice.