Legal Opinion

John Wesley Henson v. W. J. Estelle, Jr. Etc., John Wesley Henson v. W. J. Estelle, Jr. Etc.

Court of Appeals for the Fifth Circuit

Decided March 30, 1981No. 79-3220, 80-1493PublishedCited by 30 opinions

1Opinion of the Court

COLEMAN, Circuit Judge.

These cases were orally argued in New Orleans on December 10, 1980. We decide them in a consolidated opinion. What we have here is another example of efforts, long after the event, to undo a state criminal conviction — one in 1948, the other in 1960.

Facts Relevant to Both Cases

John Wesley Henson, the habeas corpus applicant, is serving concurrent sentences in the Texas Department of Corrections for burglary and for assault with intent to commit rape.

In 1948, Henson was convicted of burglary, the penalty being enhanced by two prior felony convictions. He was sentenced on…

2Cases cited3 opinions

  1. Tollett v. HendersonSupreme Court of the United States · 1973
  2. Jerry Dwayne Baxter v. W. J. Estelle, Jr., Director, Texas Dept. Of CorrectionsCourt of Appeals for the Fifth Circuit · 1980
  3. Leon Hamilton v. John C. Watkins, WardenCourt of Appeals for the Fifth Circuit · 1970

3Cited by30 opinions

  1. Robert O. McDonnell v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1982
  2. Calvin Carlos Campbell v. Louie L. Wainwright, Secretary, Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 1984
  3. Larry Hill v. Leland Q. Linahan, Jr., Superintendent, Jack T. Rutledge Correctional Institution, Columbus, GeorgiaCourt of Appeals for the Eleventh Circuit · 1983
  4. Ex Parte EmmonsCourt of Criminal Appeals of Texas · 1983
  5. Richard Ellman Strahan v. Frank Blackburn, Warden, Louisiana State Penitentiary William J. Guste, Jr., Attorney General, State of LouisianaCourt of Appeals for the Fifth Circuit · 1985

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