Legal Opinion

Frank Lee, Jr. v. Dr. George J. Beto, Director, Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided July 22, 1970No. 29480PublishedCited by 7 opinions

1Per curiam

Frank Lee, Jr., appeals pro se from the district court’s denial of his petition for the writ of habeas corpus. We affirm in part and vacate and remand in part. 1

A Texas jury convicted Lee, a Negro, of the murder with malice aforethought of a white man in Limestone County, Texas. In 1961, Lee received a sentence of life imprisonment.

Lee sought post-conviction relief in the state trial court in accordance with Article 11.07, Vernon’s Ann.Texas Code of Criminal Procedure. That court held an evidentiary hearing, but denied relief.

In the federal district court, Lee alleged the following grounds…

2Cases cited1 opinion

  1. Lewis Charles Wheeler v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1969

3Cited by7 opinions

  1. Finney v. Arkansas Board of CorrectionCourt of Appeals for the Eighth Circuit · 1974
  2. Robert Finney v. Arkansas Board of Correction and Terrell Don Hutto, James C. Ellingburg v. Douglas Nolan, Individually and as an Employee of the Cummins Unit, Arkansas Department of Correction, James C. Ellingburg v. Kenneth G. Taylor, Individually and as a Correctional Officer, Arkansas Board of Correction, James C. Ellingburg v. Dan Sewell, Individually and as a Police Captain, Texarkana, Arkansas, Police Department, James C. Ellingburg v. Terrell Don Hutto, Commissioner of Correction, State of ArkansasCourt of Appeals for the Eighth Circuit · 1974
  3. Frank Lee, Jr. v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1971
  4. Roy L. Malone v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1970
  5. Frank Lee, Jr. v. Dr. George J. Beto, Director, Texas Department of Corrections, No. 71-1287 Summary Calendar. (1) Rule 18, 5 Cir., See Isbell Enterprises, Inc. v. Citizens Casualty Company of New York, 5 Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1971

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