Legal Opinion

Lewis Charles Wheeler v. Dr. George J. Beto, Director, Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided April 17, 1969No. 26607PublishedCited by 35 opinions

1Per curiam

Since appellant is without counsel and none has been appointed, the case cannot be orally heard, see Elchuk v. United States, 1962, 370 U.S. 722, 82 S.Ct. 1574, 8 L.Ed.2d 802, and, accordingly, the case is properly placed on the summary calendar under Fifth Circuit Rule 18.

This appeal is from the denial of a petition for a writ of habeas corpus filed by a Texas prisoner convicted of possession of marihuana. After a jury found appellant guilty, he was sentenced to 30 years imprisonment.

In his petition to the district court, appellant contends that a search warrant introduced into evidence at…

2Cases cited2 opinions

  1. 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
  2. Elchuk v. United StatesSupreme Court of the United States · 1962

3Cited by35 opinions

  1. Patricia Lebouef Murphy, as Administratrix of the Estate of Edward Fontenot, Deceased, Etc. v. Houma Well Service, and Eva C. Fontenot, IntervenorCourt of Appeals for the Fifth Circuit · 1969
  2. Gennero Galtieri v. Louie L. Wainwright, Director, Division of Corrections, John Matera v. Louie L. Wainwright, Director, Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1978
  3. Limmie West, III v. State of LouisianaCourt of Appeals for the Fifth Circuit · 1973
  4. Marcus Wayne Chenault v. Leroy N. Stynchcombe, Sheriff of Fulton CountyCourt of Appeals for the Fifth Circuit · 1978
  5. Henry Deleiano Harris v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1974

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