Legal Opinion

Ben Herbert Phelper v. Bill Decker, Sheriff of Dallas County, Texas

Court of Appeals for the Fifth Circuit

Decided August 6, 1968No. 24293PublishedCited by 82 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

This case presents an appeal from the denial by the District Court of Appellant Phelper’s petition for a writ of habeas corpus. 1 Appellant was convicted in the Texas State Courts of the misdemeanor of possessing obscene photographs in violation of Article 527, Vernon’s Ann.Texas Penal Code, 2 and was fined $1,000. Appellant raises a massive assault on the constitutionality of the conviction, contending that (1) of the State Trial Judge failed to follow the requirements of Jackson v. Denno in determining the volun-tariness of Appellant’s consent to a search of his…

2Cases cited61 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Mapp v. OhioSupreme Court of the United States · 1961
  4. Aguilar v. TexasSupreme Court of the United States · 1964
  5. Jackson v. DennoSupreme Court of the United States · 1964

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3Cited by82 opinions

  1. United States v. Lloyd Nelson JonesCourt of Appeals for the Fifth Circuit · 1973
  2. William Napoleon Boyer v. City of OrlandoCourt of Appeals for the Fifth Circuit · 1968
  3. Paprskar v. StateCourt of Criminal Appeals of Texas · 1972
  4. United States v. Joseph Horton and Willie F. JordanCourt of Appeals for the Fifth Circuit · 1974
  5. United States v. Michael Kelly RobinsonCourt of Appeals for the Fifth Circuit · 1980

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