Legal Opinion

Chester McKinzie v. O. B. Ellis, Director, Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided February 23, 1961No. 18551PublishedCited by 22 opinions

1Opinion of the Court

RIVES, Circuit Judge.

On February 24, 1953, Chester McKinzie was indicted in Dallas County, Texas, for the crime of robbery by firearms, a capital felony. 1 Two days later A. A. McDaniel was appointed by the Texas court to represent McKinzie. At that time, and at all times material to this case, McDaniel was not a member of the Bar of the State of Texas, having been dropped from the rolls for nonpayment of dues. The cause came on to be heard on March 18, 1953. The trial docket reveals that both sides announced ready. Thereafter, the district attorney moved to strike that portion of the…

2Cases cited5 opinions

  1. Powell v. AlabamaSupreme Court of the United States · 1932
  2. Williams v. KaiserSupreme Court of the United States · 1945
  3. Martinez v. StateCourt of Criminal Appeals of Texas · 1958
  4. Hughes v. Fort Worth Nat. BankCourt of Appeals of Texas · 1942
  5. McKinzie v. EllisDistrict Court, S.D. Texas · 1960

3Cited by22 opinions

  1. Turner v. American Bar Ass'nDistrict Court, S.D. Alabama · 1975
  2. United States v. John F. GrismoreCourt of Appeals for the Tenth Circuit · 1976
  3. Eddie M. Harrison v. United States of America, Orson G. White v. United StatesCourt of Appeals for the D.C. Circuit · 1967
  4. United States v. Barry J. HoffmanCourt of Appeals for the Ninth Circuit · 1984
  5. United States v. Roger L. WhiteselCourt of Appeals for the Sixth Circuit · 1976

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