Juan D. Hernandez v. Dr. George J. Beto, Director, Texas Department of Corrections

DYER, Circuit Judge:

Hernandez appeals from the District Court’s denial, after an evidentiary hearing, of his petition for writ of habeas corpus. He asserts a deprivation of his Fourteenth Amendment rights because of the prosecutor’s presentation to the state court jury, empaneled to try him for a felony offense, the fact of his two prior convictions, and because of a further violation of his rights in requiring him to stand trial in prison garb. On the latter ground we reverse.

Hernandez was convicted in the Criminal District Court of Harris County, Texas, for having killed a twelve-year-old…