Mike L. Martinez v. Dr. George J. Beto, Director, Texas Department of Corrections

This appeal is from the denial of a writ of habeas corpus. The facts and circumstances herein are fully reported in Martinez v. State, 171 Tex.Cr.R. 443, 350 S.W.2d 929 (1961) and Ex parte Martinez, 386 S.W.2d 280 (Tex.Cr.App. 1964). Hence, they are not repeated here.

The Judgment of the District Court was entered prior to the decision of this Court in Huitín v. Beto, 5 Cir. 1968, 396 F.2d 216 [May 30, 1968]. While there are distinctions between this case and Huitín, the rationale there adopted requires us to hold here that Texas’ treatment of Martinez was a denial of that fundamental fairness…