Legal Opinion
Donald Lee Kirby v. Bill S. Sutton, Court Reporter for Criminal District Court No. 5, Dallas County, Texas
Court of Appeals for the Fifth Circuit
Decided January 18, 1971No. 30701PublishedCited by 1 opinion
1Per curiam
The complaint underlying this appeal was brought under the civil rights jurisdiction of the court, 42 U.S. C.A. section 1983, 28 U.S.C.A. section 1343, against a state court reporter to obtain a copy of the transcript of the state trial wherein petitioner, a state prisoner, was convicted. It is alleged that the transcript is needed for study so as to enable petitioner to petition for post-conviction relief.
There was no showing whatever that petitioner had exhausted available post-conviction remedies in the Texas State Courts. The transcript question presented is properly a part of such state…
2Cases cited3 opinions
- 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
- Wade v. WilsonSupreme Court of the United States · 1970
- Arthur E. Stepp v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1968