Legal Opinion
Jack Allen Stewart v. W. J. Estelle, Jr., Director, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided January 23, 1981No. 80-1534PublishedCited by 7 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
For differing basic reasons, the petitioner in this habeas corpus case, the State of Texas and the federal magistrate all have failed to comply with the relatively simple requirements of Galtieri v. Wainwright, 582 F.2d 348 (5th Cir. 1978) (en banc), and Blackledge v. Allison, 431 U.S. 63, 97 S.Ct. 1621, 52 L.Ed.2d 136 (1977). The failure of the parties to adhere to the procedures essential to proper consideration of an application for the Great Writ cannot be ratified in an effort to reach more quickly a determination on the merits. Therefore, while affirming…
2Cases cited6 opinions
- Blackledge v. AllisonSupreme Court of the United States · 1977
- Harris v. NelsonSupreme Court of the United States · 1969
- Gennero Galtieri v. Louie L. Wainwright, Director, Division of Corrections, John Matera v. Louie L. Wainwright, Director, Division of CorrectionsCourt of Appeals for the Fifth Circuit · 1978
- Gerrold Duane Davis v. Louie L. Wainwright, Secretary, Department of Offender RehabilitationCourt of Appeals for the Fifth Circuit · 1977
- William Van Poyck v. Louie L. Wainwright, Secretary, Department of Offender RehabilitationCourt of Appeals for the Fifth Circuit · 1979
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Jerry Carlo Moreno v. W.J. Estelle, Jr., Director, Texas Department of Corrections, and Jim Mattox, Attorney General of the State of TexasCourt of Appeals for the Fifth Circuit · 1983
- Timothy George Baldwin v. Frank C. Blackburn, Warden, Louisiana State Penitentiary, and William J. Guste, Jr., Attorney General, State of LouisianaCourt of Appeals for the Fifth Circuit · 1981
- Abraham Wallace v. R v. Turner, Superintendent, Glades Correction Institute, and the Attorney General of FloridaCourt of Appeals for the Eleventh Circuit · 1983
- Samuel Earl Williams v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1982
- Odell Hargrow Hill v. W. J. Estelle, Jr.Court of Appeals for the Fifth Circuit · 1981
2 more not listed; retrieve them via the Exa API.