Legal Opinion

Epifanio G. Alvarez v. W. J. Estelle, Jr., Director, Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided June 23, 1976No. 75--2856PublishedCited by 31 opinions

1Opinion of the Court

THORNBERRY, Circuit Judge:

The United States District Court for the Western District of Texas denied appellant Alvarez’s application for writ of habeas corpus under 28 U.S.C. § 2254.

Alvarez was originally charged in a two count indictment with possession and sale of heroin. The prosecution abandoned the possession count of the indictment and the case was submitted to the jury on the sale count. The jury returned a verdict of guilty. At the penalty stage of the trial the jury found that Alvarez had been convicted of two previous felonies; consequently, he was sentenced to an automatic life…

2Cases cited13 opinions

  1. Fay v. NoiaSupreme Court of the United States · 1963
  2. United States v. JornSupreme Court of the United States · 1971
  3. Buchalter v. New YorkSupreme Court of the United States · 1943
  4. Francis J. Higgins v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1970
  5. Rogers v. StateCourt of Criminal Appeals of Texas · 1959

8 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Arthur Houston v. W. J. Estelle, Jr., Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1978
  2. Wilmer Lane Easter v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1980
  3. Richard Tucker v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, RespondentCourt of Appeals for the Eleventh Circuit · 1985
  4. Charles Branch v. W. J. Estelle, Jr., Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1980
  5. Charles Cobb v. Louie L. Wainwright, Etc.Court of Appeals for the Fifth Circuit · 1980

26 more not listed; retrieve them via the Exa API.

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