Legal Opinion
Alva E. Curry v. W. J. Estelle, Jr., Director, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided May 14, 1976No. 75--3181PublishedCited by 7 opinions
1Per curiam
The sole issue meriting discussion in this habeas case is whether the petitioner’s mental competency to plead was properly resolved in accordance with the standards of Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815 (1966). In 1972, Alva E. Curry, represented by court-appointed counsel, pled guilty to rape in Texas state court and received a sentence of 5-15 years. Before accepting the plea, the court advised Curry of the consequences of his action and asked several questions directed toward ascertaining whether the plea was freely and voluntarily given. The state transcript…
2Cases cited4 opinions
- Pate v. RobinsonSupreme Court of the United States · 1966
- Wilbert Herring v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1974
- Burlee Carroll v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1970
- United States Ex Rel. Jerry Roth v. John L. Zelker, Superintendent, Green Haven Correctional FacilityCourt of Appeals for the Second Circuit · 1972
3Cited by7 opinions
- State v. StorbakkenNorth Dakota Supreme Court · 1976
- Wilbur P. Bolius v. Louie L. Wainwright, Secretary, Department of Offender Rehabilitation, State of FloridaCourt of Appeals for the Fifth Circuit · 1979
- United States v. Flores-MartinezCourt of Appeals for the Fifth Circuit · 2012
- Freddie Holmes v. John T. King, Secretary, Department of Corrections, and William J. Guste, Jr., Attorney General, State of LouisianaCourt of Appeals for the Fifth Circuit · 1983
- United States v. Joseph HorovitzCourt of Appeals for the Fifth Circuit · 1978
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