Legal Opinion · Dissent

Lester Morris Pickens v. The State of Texas

Court of Appeals for the Fifth Circuit

Decided October 15, 1974No. 73-3121Published

1DissentRives, Circuit Judge

The district court adopted and quoted the fact summary in the opinion of Presiding Judge Onion of the Texas Court of Criminal Appeals. See Appendix to this Court’s majority opinion and Pick-ens v. State, 466 S.W.2d 563, 567. The district court then reviewed the contentions made by the State of Texas in its amended motion to revoke Pickens’ probation, and concluded that the Texas trial court found that Pickens had engaged in disorderly conduct in violation of Texas Penal Code, Art. 474. In particular, the Texas trial court made the following remarks in revoking Pickens’ probation:

“Now, much…

2Cases cited5 opinions

  1. Procunier v. MartinezSupreme Court of the United States · 1974
  2. Pell v. ProcunierSupreme Court of the United States · 1974
  3. Brandenburg v. OhioSupreme Court of the United States · 1969
  4. Hess v. IndianaSupreme Court of the United States · 1973
  5. Pickens v. StateCourt of Criminal Appeals of Texas · 1971

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