Dr. George J. Beto, Director, Texas Department of Corrections v. Thomas Baker Barfield

Thomas Baker Barfield obtained a writ of habeas corpus in the district court on the ground that one of his prior theft convictions, used to enhance the sentence he is presently serving, was invalid because his appointed counsel in that case was not authorized to practice law, having failed to pay his membership dues to the Texas Bar Association.

Barfield, represented by Adrian A. McDaniel, was tried and convicted of theft on February 26, 1953. McDaniel had failed to pay his State Bar dues for the years 1951-1953, but in September 1953 he paid his delinquent dues.

In McKinzie v. Ellis, 5 Cir.…