Legal Opinion
Albert H. Carter v. W. J. Estelle, Jr., Director, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided June 1, 1982No. 80-1981PublishedCited by 94 opinions
1Opinion of the Court
RANDALL, Circuit Judge:
This case involves two questions: (1) whether petitioner Albert H. Carter met the requirements of the exhaustion doctrine before bringing the present federal habeas corpus action and (2) whether his 1974 retrial and conviction for embezzlement violated the double jeopardy clause. The district court below held that state remedies had been exhausted, found for Carter on his substantive claims, and ordered him released. The State of Texas has appealed this decision. We affirm. Our view is that Carter has no available and effective state remedy in the state courts and has…
2Cases cited88 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Younger v. HarrisSupreme Court of the United States · 1971
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Wainwright v. SykesSupreme Court of the United States · 1977
- Rose v. LundySupreme Court of the United States · 1982
83 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Raymond Walker, Cross-Appellant v. Ted Engle, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1983
- Freddie Richardson v. Raymond K. Procunier, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1985
- Jesse Joseph Deters v. James A. Collins, Director, Texas Dept. Of Criminal Justice Institution DivisionCourt of Appeals for the Fifth Circuit · 1993
- Gary Graham, Now Known as Shaka Sankofa v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
- William Lee Thompson v. Louie L. WainwrightCourt of Appeals for the Eleventh Circuit · 1983
89 more not listed; retrieve them via the Exa API.