Legal Opinion

Dr. George J. Beto, Director, Texas Department of Corrections v. Eugene Sykes

Court of Appeals for the Fifth Circuit

Decided April 29, 1966No. 22734_1PublishedCited by 15 opinions

1Opinion of the Court

RIVES, Circuit Judge:

The district court granted Sykes’ petition for habeas corpus and ordered his discharge from state custody for the reasons stated in an opinion hereto attached as Appendix A.

As appears from that opinion, the question presented and decided is a matter of state law only. Jurisdiction to consider and decide such a question has not been vested in any federal court or judge. 28 U.S.C.A. 2241(c); United States ex rel. Long v. Rundle, 3rd Cir. 1964, 327 F.2d 495, 496.

The judgment is therefore vacated and the case remanded with directions to dismiss the petition for lack of…

2Cases cited2 opinions

  1. Ex Parte HernandezCourt of Criminal Appeals of Texas · 1963
  2. United States of America Ex Rel. Robert H. Long v. Alfred T. Rundle, Superintendent, State Correction Institution Andpennsylvaania Board of ParoleCourt of Appeals for the Third Circuit · 1964

3Cited by15 opinions

  1. Ronald Clyde Nelson v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1981
  2. Carter v. StateTennessee Supreme Court · 1997
  3. Archie W. Willeford v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1976
  4. Chester Clifton Doughty v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1968
  5. Archie Pringle v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1970

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