Jimmie Curtis Roper v. Dr. George J. Beto, Director, Texas Department of Corrections

O’SULLIVAN, Senior Circuit Judge:

The State of Texas appeals from a judgment of the United States District Court for the Eastern District of Texas granting petitioner-appellee, Jimmie Curtis Roper, a writ of habeas corpus. Roper had been convicted of rape upon a jury trial had in the District Court of Smith County, Texas. The jury fixed his punishment at 75 years imprisonment. The United States District Judge determined that a voice identification of Roper by his alleged victim was made under such circumstances as to deny him due process. The District Judge held that notwithstanding a signed…