Legal Opinion
Lee Otis Johnson v. W. J. Estelle, Jr. And R. M. Cousins
Court of Appeals for the Fifth Circuit
Decided August 29, 1980No. 79-3647PublishedCited by 15 opinions
1Per curiam
The issue in this appeal is whether habeas corpus relief should be governed by form or substance. The latter, of course, must control.
The petitioner, Lee Otis Johnson, was indicted for burglary on October 10, 1974. His trial was scheduled to commence in the 174th Criminal District Court for Harris County, Texas, on April 15, 1975. On Friday afternoon, April 11,1975, Johnson filed a complaint in United States District Court for the Southern District of Texas, Houston Division, styled Lee Otis Johnson v. Carol Vance, etc., et al., Civil Action No. 75 — H— 578 [“578”]. This complaint was both a…
2Cases cited4 opinions
- The State of South Carolina v. James Edward MooreCourt of Appeals for the Fourth Circuit · 1971
- Adair Pipeline Company v. Pipeliners Local Union No. 798District Court, S.D. Texas · 1962
- Santiago D. Medrano v. State of TexasCourt of Appeals for the Fifth Circuit · 1978
- Adair Pipeline Co., Inc. v. Pipeliners Local Union No. 798Court of Appeals for the Fifth Circuit · 1963
3Cited by15 opinions
- E. D. Systems Corporation v. Southwestern Bell Telephone CompanyCourt of Appeals for the Fifth Circuit · 1982
- Samtani v. City of LaredoDistrict Court, S.D. Texas · 2017
- State v. MatzkeSupreme Court of Kansas · 1985
- Van Ryn v. Korean Air LinesDistrict Court, C.D. California · 1985
- Health for Life Brands, Inc. v. PowleyCourt of Appeals of Arizona · 2002
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