Legal Opinion
Jesse Frank Howard v. Dr. George Beto, Director, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided March 7, 1967No. 23761_1PublishedCited by 32 opinions
1Per curiam
Appellant Howard was convicted of robbery by assault in the Criminal District Court of Harris County, Texas, in 1947. In 1960 Howard was convicted of robbery, and robbery, second offense; in the Criminal District Court of Dallas County, Texas. Under Article 62 and 1408, Texas Penal Code, upon the second conviction of robbery, sentence is not imposed by the jury but is automatically fixed at life imprisonment.
Howard exhausted his state remedies pursuant to 28 U.S.C.A. § 2254, filed his petition for a writ of habeas corpus in the district court, which was denied, and this appeal ensued.
Three…
2Cases cited10 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Mapp v. OhioSupreme Court of the United States · 1961
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Powell v. AlabamaSupreme Court of the United States · 1932
5 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Ex Parte DuffyCourt of Criminal Appeals of Texas · 1980
- Otis Ray Fitzgerald v. W. J. Estelle, Director Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1975
- Elizalde v. StateCourt of Criminal Appeals of Texas · 1974
- Guerrero v. StateCourt of Criminal Appeals of Texas · 1972
- Freddie Breedlove v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1968
27 more not listed; retrieve them via the Exa API.