Legal Opinion

Gerald David Knight v. W. J. Estelle, Director, Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided December 5, 1974No. 73-3821PublishedCited by 24 opinions

1Opinion of the Court

GEE, Circuit Judge:

Knight appeals from denial of his request for habeas corpus directed to the Texas prison system, where he is confined on sentence of life imprisonment and a revoked parole. The original sentence resulted from his rape of an eleven year old girl, the revocation of his parole from the kidnapping, forcible rape and brutalizing of a twelve year old. Reversal is said to be required because the jury in the second rape case found Knight insane at the time of the second rape and incompetent to stand trial at the time of his trial for it. We agree that the writ should not issue.

In…

2Cases cited7 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Loper v. BetoSupreme Court of the United States · 1972
  3. Manning v. United StatesCourt of Appeals for the Fifth Circuit · 1947
  4. United States v. Guadalupe GarzaCourt of Appeals for the Fifth Circuit · 1973
  5. United States v. Michael A. CarrionCourt of Appeals for the Ninth Circuit · 1972

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3Cited by24 opinions

  1. Clark v. AstrueCourt of Appeals for the Second Circuit · 2010
  2. State v. BellOhio Court of Appeals · 1990
  3. People v. AllegriIllinois Supreme Court · 1985
  4. Martin B. Steinberg v. Police Court of Albany, New YorkCourt of Appeals for the Sixth Circuit · 1979
  5. State v. QuallsOhio Court of Appeals · 1988

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