Burl Eugene Lyles v. Dr. George J. Beto, Director, Texas Department of Corrections

An earlier judgment of this court affirming the denial by the trial court of a petition for habeas corpus was vacated by the United States Supreme Court and the case was “remanded to the United States Court of Appeals [for the Fifth Circuit] for reconsideration in light of Massiah v. United States, 377 U.S. 201, 84 S.Ct. 1199, 12 L.Ed. 246.” Lyles v. Beto, 379 U.S. 648, 85 S.Ct. 613, 13 L.Ed.2d 552.

We have reconsidered this case in light of Massiah and in light of Malloy v. Hogan, 378 U.S. 1, 84 S.Ct. 1489, 12 L.Ed.2d 653. We conclude that the opinion of the Supreme Court in Johnson and…