Legal Opinion

Santiago D. Medrano v. State of Texas

Court of Appeals for the Fifth Circuit

Decided September 21, 1978No. 78-1134PublishedCited by 28 opinions

1Per curiam

Santiago D. Medrano was arrested in Texas on April 2, 1977. He was indicted shortly thereafter under a Texas theft statute. On September 9, he filed a petition for removal in district court under 28 U.S.C. § 1443(1), alleging a violation of his right to a speedy trial. Although Medrano told his court-appointed attorney that he had filed the petition in district court, a copy was never filed in state court as required by 28 U.S.C. § 1446(e). On September 21-23, Medrano was tried and convicted of the theft charge. The state judge had neither constructive nor actual notice that a petition for…

2Cases cited4 opinions

  1. Johnson v. MississippiSupreme Court of the United States · 1975
  2. United States of America Ex Rel. Rafael Echevarria v. Harry Silberglitt, Warden, Brooklyn House of DetentionCourt of Appeals for the Second Circuit · 1971
  3. Adair Pipeline Company v. Pipeliners Local Union No. 798District Court, S.D. Texas · 1962
  4. Adair Pipeline Co., Inc. v. Pipeliners Local Union No. 798Court of Appeals for the Fifth Circuit · 1963

3Cited by28 opinions

  1. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  2. Peterson v. BMI RefractoriesCourt of Appeals for the Eleventh Circuit · 1997
  3. Gary Dukes and Thomas E. Barber, D/B/A D & B Dozer Service v. South Carolina Insurance CompanyCourt of Appeals for the Fifth Circuit · 1985
  4. Murray v. Ford Motor Co.Court of Appeals for the Fifth Circuit · 1985
  5. John F. Finley, of the Estate of Mildred B. Whitlock v. United StatesCourt of Appeals for the Fifth Circuit · 1980

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