Legal Opinion

Moore v. Beto

District Court, S.D. Texas

Decided November 30, 1970No. Civ. A. No. 70-H-752PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

NOEL, District Judge.

Petitioner, a prisoner in state custody, has filed a petition for the writ of habeas corpus. Respondent has filed an answer with state court pleadings attached and has moved to dismiss the petition. The motion to dismiss is well taken.

This Court has jurisdiction. 28 U.S. C. §§ 2241, 2254. The state concedes that available state remedies have been exhausted, and her concession is correct.

On March 1, 1967, petitioner was tried for the offense of robbery by assault; found guilty and on May 5, 1967 sentenced to life imprisonment. The Court of Criminal…

2Cases cited34 opinions

  1. United States v. WadeSupreme Court of the United States · 1967
  2. Stovall v. DennoSupreme Court of the United States · 1967
  3. California v. GreenSupreme Court of the United States · 1970
  4. Washington v. TexasSupreme Court of the United States · 1967
  5. Barber v. PageSupreme Court of the United States · 1968

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3Cited by2 opinions

  1. McGarrity v. BetoDistrict Court, S.D. Texas · 1971
  2. In re BizzardDistrict Court, S.D. Georgia · 1983

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