Legal Opinion

Kiney Joseph Davis v. Dr. George J. Beto, Director, Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided December 20, 1966No. 23825PublishedCited by 15 opinions

1Per curiam

Appellant seeks relief by application for habeas corpus from a state court conviction for the possession of heroin. A search was made disclosing the heroin under a warrant procured upon the affidavit of a police officer based upon “reliable information from a credible person.” The sole issue presented by the appeal is whether Aguilar v. State of Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723, is to be given retrospective application. We think it follows from what is said in Linkletter v. Walker, 381 U.S. 618, 85 S.Ct. 1731, 14 L.Ed.2d 601, denying retroactive effect to the rule of Mapp v.…

2Cases cited4 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Aguilar v. TexasSupreme Court of the United States · 1964
  3. Jackson v. DennoSupreme Court of the United States · 1964
  4. Linkletter v. WalkerSupreme Court of the United States · 1965

3Cited by15 opinions

  1. Jack Messelt v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1979
  2. Arthur Baker Bee v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1967
  3. United States Ex Rel. Boyance v. MyersDistrict Court, E.D. Pennsylvania · 1967
  4. Ladell Spann, Etc. v. Louie L. Wainwright, Etc.Court of Appeals for the Eleventh Circuit · 1984
  5. Acosta v. BetoDistrict Court, S.D. Texas · 1969

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