Legal Opinion
Rush O. Nichols v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondent
Court of Appeals for the Fifth Circuit
Decided September 6, 1977No. 76-3108PublishedCited by 16 opinions
1Opinion of the Court
GEE, Circuit Judge:
Petitioner was convicted in 1973 in Texas state court of robbery by assault 1 and was sentenced to life imprisonment under the Texas habitual offender statute. 2 He here alleges that the state improperly relied on a 1965 Oklahoma conviction to enhance his sentence for three reasons: (1) he was denied counsel on appeal from that conviction; (2) Texas law prohibits the use of a capital felony such as the Oklahoma conviction to enhance a noncapital felony such as the Texas conviction; and (3) the state failed to prove that petitioner was afforded an examining trial prior to…
2Cases cited6 opinions
- Wainwright v. SykesSupreme Court of the United States · 1977
- Archie W. Willeford v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1976
- Henry Deleiano Harris v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1974
- Jerry St. John v. W. J. Estelle, Jr., DirectorCourt of Appeals for the Fifth Circuit · 1977
- Clennon Loud v. W. J. Estelle, Jr., Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1977
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- John A. Spinkellink, 1 v. Louie L. Wainwright, Secretary, Florida Department of Offender RehabilitationCourt of Appeals for the Fifth Circuit · 1978
- Michael R. Branan v. William E. Booth, and Robert A. Butterworth, Attorney General of the State of FloridaCourt of Appeals for the Eleventh Circuit · 1988
- Hogue v. JohnsonCourt of Appeals for the Fifth Circuit · 1997
- Bobby Ray Allen v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1978
- Robert Charles Jones v. W. J. Estelle, Jr., Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1980
11 more not listed; retrieve them via the Exa API.