Legal Opinion

Clemmon D. Waters v. Dr. George J. Beto, Director, Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided March 28, 1968No. 24803_1PublishedCited by 27 opinions

1Opinion of the Court

THORNBERRY, Circuit Judge:

On November 20, 1957, after a jury trial in the District Court of Limestone County, Texas, Clemmon D. Waters was convicted of murder with malice and sentenced to thirty years in the state penitentiary. He did not take a direct appeal. His application for writ of habeas corpus was denied without written opinion on May 23, 1966, by the Texas Court of Criminal Appeals. On March 23,1967, the United States District Court for the Western District of Texas entered an order denying habeas relief after an evidentiary hearing. We vacate the judgment of the district court and…

2Cases cited10 opinions

  1. Ex Parte YoungCourt of Criminal Appeals of Texas · 1967
  2. Townsend v. SainSupreme Court of the United States · 1963
  3. Napue v. IllinoisSupreme Court of the United States · 1959
  4. Von Moltke v. GilliesSupreme Court of the United States · 1948
  5. Holiday v. JohnstonSupreme Court of the United States · 1941

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3Cited by27 opinions

  1. William Napoleon Boyer v. City of OrlandoCourt of Appeals for the Fifth Circuit · 1968
  2. Dean Rene Peters v. Jack T. Rutledge, Sheriff and Jailer of Muscogee County, GeorgiaCourt of Appeals for the Fifth Circuit · 1968
  3. Londell Brown and Warren E. Gilliam, Jr. v. Stanley R. Resor, as Secretary of the ArmyCourt of Appeals for the Fifth Circuit · 1969
  4. John Robert Welch v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1968
  5. Arthur E. Stepp v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1968

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