Legal Opinion
Albert Alan Kemph, Jr. v. W. J. Estelle, Director, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided July 9, 1980No. 79-2565PublishedCited by 9 opinions
1Per curiam
In this habeas corpus case the district court held that petitioner’s guilty plea to an enhancement charge constituted a waiver of the constitutional errors he now asserts. We affirm.
Petitioner’s 1968 conviction for murder was reversed because of an improper jury argument. Kemph v. State, 464 S.W.2d 112 (Tex.Cr.App.1971). On retrial, the state charged petitioner with assault with a prohibited weapon instead of murder. Petitioner, twice convicted of felony offenses, pled guilty to an enhanced life sentence, stipulating the existence of the two prior convictions. His attorney made no objection…
2Cases cited8 opinions
- Wainwright v. SykesSupreme Court of the United States · 1977
- Tollett v. HendersonSupreme Court of the United States · 1973
- Moore v. EstelleCourt of Appeals for the Fifth Circuit · 1976
- Amos Lumpkin v. James Ricketts, WardenCourt of Appeals for the Fifth Circuit · 1977
- Albert Zales v. C. Murray Henderson, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1970
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Stephen Christian, A/K/A Stephen Cline v. William RhodeCourt of Appeals for the Ninth Circuit · 1994
- George Anthony Rubino v. James A. Lynaugh, Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1988
- Michael Harvey Vail v. Raymond K. Procunier, Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1984
- Rufus Johnson v. Steve Puckett, Superintendent of the Mississippi State PenitentiaryCourt of Appeals for the Fifth Circuit · 1991
- Johnny Lee Long v. O.L. McCotter Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1986
4 more not listed; retrieve them via the Exa API.