Legal Opinion

Joe Edward Smith v. Jack Heard, Acting Director, Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided May 16, 1963No. 19682_1PublishedCited by 32 opinions

1Opinion of the Court

GEWIN, Circuit Judge.

This is an appeal from an order by the United States District Court for the Southern District of Texas dismissing a petition for writ of habeas corpus following a state court murder conviction.

Joe Edward Smith, petitioner, was convicted of the capital offense of murder with malice aforethought in the state courts of Texas. His victim was William Bodenheimer, a boy twelve years of age. The case was tried before a jury in the Criminal District Court of Harris County, Texas, resulting in Smith’s conviction on April 14, 1960. The death penalty was imposed. Smith appealed to…

2Cases cited15 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Brown v. AllenSupreme Court of the United States · 1953
  3. McNabb v. United StatesSupreme Court of the United States · 1943
  4. Culombe v. ConnecticutSupreme Court of the United States · 1961
  5. Spano v. New YorkSupreme Court of the United States · 1959

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3Cited by32 opinions

  1. West v. JohnsonCourt of Appeals for the Fifth Circuit · 1996
  2. Jerry Lane Jurek v. W. J. Estelle, Jr., Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1980
  3. Jerry Lane Jurek v. W. J. Estelle, Jr., Director, Texas Dept. Of CorrectionsCourt of Appeals for the Fifth Circuit · 1979
  4. Jesse De La Rosa v. State of TexasCourt of Appeals for the Fifth Circuit · 1984
  5. Joe Edward Smith v. The State of TexasCourt of Appeals for the Fifth Circuit · 1968

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