Legal Opinion
Dr. George J. Beto, Dirctor, Texas Department of Corrections v. Don A. Stacks
Court of Appeals for the Fifth Circuit
Decided February 28, 1969No. 25751PublishedCited by 36 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
Don A. Stacks, appellee herein, convinced the court below that a constitutional malediction in his one-stage recidivist trial entitled him to a writ of ha-beas corpus. We agree that the hallowed writ was properly issued.
The background of Stack’s trial is as follows. In July'of 1960, appellee was indicted by the Grand Jury of Travis County, Texas for the offense of robbery by assault. 1 The indictment al leged the robbery offense in paragraph one and a prior conviction for felony theft in paragraph two. Under Article 62 of the Vernon’s Ann. Texas Penal' Code, a prior…
2Cases cited23 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Mapp v. OhioSupreme Court of the United States · 1961
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Stovall v. DennoSupreme Court of the United States · 1967
18 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- United States v. Randall Wilford PricepaulCourt of Appeals for the Ninth Circuit · 1976
- William M. Gilday, Jr. v. Palmer C. ScafatiCourt of Appeals for the First Circuit · 1970
- United States v. Marvin R. ColeCourt of Appeals for the Second Circuit · 1972
- United States v. Eugene LufmanCourt of Appeals for the Seventh Circuit · 1972
- United States v. Bennie GravesCourt of Appeals for the Third Circuit · 1977
31 more not listed; retrieve them via the Exa API.