Aubrey Jake Merkel v. Dr. George J. Beto, Director, Texas Department of Corrections

In this habeas' corpus proceeding appellant attacked his conviction in the state court of the offense of felony theft. Relief was denied by the United States District Court for the Southern District of Texas after an evidentiary hearing.

The record reveals that despite appellant’s manifestation of a desire to appeal, his court appointed counsel concluded that there was no merit in an appeal. After obtaining a transcript and filing a Motion for Rehearing, counsel proceeded no further. The judgment of conviction was affirmed by the Court of Criminal Appeals of Texas, Merkel v. State, 363 S.W.2d…