Legal Opinion
Weldon Clark Dixon v. Dr. George J. Beto, Director, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided January 23, 1973No. 72-2732PublishedCited by 15 opinions
1Per curiam
This is the second appeal from the United States District Court for the Northern District of Texas where the district court ordered the state court to hold an evidentiary hearing in a habeas matter involving a state prisoner. In Anderson v. Beto, 5 Cir., 1972, 469 F.2d 1076 [dated November 27,1972], we held that the district court exceeded its authority in so doing. We make the same holding here. Cf. also Clark v. Henderson, 5 Cir., 1972, 465 F.2d 888.
The exhaustion of state remedies doctrine, Ex Parte Royall, 117 U.S. 241, 6 S.Ct. 734, 29 L.Ed. 868 (1886) ; Fay v. Noia, 372 U.S. 391, 83…
2Cases cited4 opinions
- Fay v. NoiaSupreme Court of the United States · 1963
- Ex Parte RoyallSupreme Court of the United States · 1886
- James Charles Anderson v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1972
- Norman Clark, Jr. v. C. Murray Henderson, WardenCourt of Appeals for the Fifth Circuit · 1972
3Cited by15 opinions
- Edward Garrett Hoskins v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1973
- Willie Albert Smith v. Eddie Lucas, Commissioner, Mississippi Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1993
- Grigsby v. MabryCourt of Appeals for the Eighth Circuit · 1980
- Haygood v. QuartermanCourt of Appeals for the Fifth Circuit · 2007
- Beckham v. StateDistrict Court of Appeal of Florida · 1981
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