Legal Opinion

Johnny R. Martinez v. W. J. Estelle, Jr., Director, Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided February 20, 1980No. 78-2923PublishedCited by 34 opinions

1Opinion of the Court

SIMPSON, Circuit Judge:

Johnny R. Martinez was convicted of possession of heroin in a Texas state court. His sentence was set, as Texas law required, at life imprisonment because of his two prior felony convictions. Tex. Penal Code Ann. art. 63 (1962) (repealed and recodified as Tex. Penal Code Ann. § 12.42(d)). Martinez asserted in his habeas corpus petition to the federal district court 1 that one of the prior felony convictions is void because a confession was admitted as evidence without a reliable determination of its voluntariness as required by the Supreme Court in Jackson v. Denno, 378…

2Cases cited25 opinions

  1. Jackson v. DennoSupreme Court of the United States · 1964
  2. Johnson v. New JerseySupreme Court of the United States · 1966
  3. Brown v. AllenSupreme Court of the United States · 1953
  4. Lego v. TwomeySupreme Court of the United States · 1972
  5. Burgett v. TexasSupreme Court of the United States · 1967

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3Cited by34 opinions

  1. United States v. Ray Vera, Luis Romero, United States of America v. Arturo PosadaCourt of Appeals for the Eleventh Circuit · 1983
  2. United States v. Gilbert Espinoza-Seanez, Ernesto Espinoza-Seanez and Raul Lazarin-BecerraCourt of Appeals for the Fifth Circuit · 1989
  3. United States v. Keyvee JonesCourt of Appeals for the Eleventh Circuit · 1994
  4. United States v. Kurt Douglas RaymerCourt of Appeals for the Fifth Circuit · 1989
  5. Horn v. QuartermanCourt of Appeals for the Fifth Circuit · 2007

29 more not listed; retrieve them via the Exa API.

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