Legal Opinion
Juan Olvera v. Dr. George J. Beto, Director, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided July 2, 1970No. 28790_1PublishedCited by 15 opinions
1Opinion of the Court
GEWIN, Circuit Judge.
Juan Olvera, a Texas prisoner, appeals from the district court’s .denial of his application for a writ of habeas corpus. He contends that his confinement is a result of an unlawful sentence because constitutionally defective prior convictions were introduced into evidence during the “penalty” stage of his bifurcated state trial. 1 *The district court denied relief without a hearing. We remand.
On 18 January 1967, a jury convicted appellant on his plea of not guilty to a charge of murder with malice. He then exercised the option, available under Texas law, to have the same…
2Cases cited13 opinions
- Burgett v. TexasSupreme Court of the United States · 1967
- Maxwell v. BishopSupreme Court of the United States · 1970
- Pickelsimer v. WainwrightSupreme Court of the United States · 1963
- Clyde Harvey v. State of MississippiCourt of Appeals for the Fifth Circuit · 1965
- The State of Texas and Dr. George J. Beto, Director, Texas Department of Corrections v. Melvin Alexander PaytonCourt of Appeals for the Fifth Circuit · 1968
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Aldrighetti v. StateCourt of Criminal Appeals of Texas · 1974
- Walter Thomas, Jr. v. Oscar Savage, Warden, Retrieve Unit, Texas Dept. Of Corrections,respondent-AppellantCourt of Appeals for the Fifth Circuit · 1975
- Ex Parte OlveraCourt of Criminal Appeals of Texas · 1973
- Tommy Potts v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1976
- Commonwealth v. BarrettMassachusetts Appeals Court · 1975
10 more not listed; retrieve them via the Exa API.